What is the test for a decision to exclude evidence for abuse of discretion?

California, United States of America


The following excerpt is from People v. Jackson, B292315 (Cal. App. 2021):

We review the trial court's decision to exclude evidence for abuse of discretion. (People v. Peoples (2016) 62 Cal.4th 718, 745.) "The decision to exclude evidence 'will not be disturbed except on a showing [that] the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice [citation].' [Citation.]" (Ibid.) Appellant has not made that showing here. The court excluded the evidence at various points as lacking foundation, irrelevant, unduly time-consuming, and potentially confusing. So long as one of those bases was valid, we need not evaluate every alternative rationale for excluding the evidence.

Page 40

Other Questions


What is the test for abuse of discretion in the context of a motion to review the decision of a trial court denying a defendant's motion to exclude victim impact evidence and uncharged misconduct in the case of Romero? (California, United States of America)
When will a court not abuse its discretion in admitting evidence under Evidence Code section 352 of the California Evidence Code? (California, United States of America)
What is the test for a challenge to a trial court's decision to admit or exclude evidence under section 352 for abuse of discretion? (California, United States of America)
In what circumstances will a judge be found to have abused his discretion in denying a motion to exclude evidence pursuant to section 352 of the Evidence Code? (California, United States of America)
How will the courts review a trial court's decision to exclude evidence for abuse of abuse of power? (California, United States of America)
On appeal, when will a court's decision not to admit or exclude evidence from Page 17 be reviewed for abuse of discretion? (California, United States of America)
Is a trial court's decision to admit or exclude evidence reviewable for abuse of discretion? (California, United States of America)
Is a court's decision not to admit or exclude evidence reviewable for abuse of discretion? (California, United States of America)
On what grounds can a judge exclude or limit or exclude rebuttal victim impact evidence from a defence on the grounds of abuse of discretion? (California, United States of America)
Does the Court of Appeal have discretion to admit evidence of abuse of power or abuse of discretion? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.