What is the test for a motion to strike or exclude evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Ayala, H042637 (Cal. App. 2017):

" 'A party desiring to preserve for appeal a challenge to the admission of evidence must comply with the provisions of Evidence Code section 353, which precludes reversal for erroneous admission of evidence unless: "There appears of record an objection to or a motion to exclude or to strike the evidence that was timely made and so stated to make clear the specific ground of the objection or motion." ' [Citations.]" (People v. Ramos (1997) 15 Cal.4th 1133, 1171.) In this case, defendant did not object to the prosecutor's question on the specific grounds raised here, so he has forfeited such objections. (Ibid.; Evid. Code, 353, subd. (a).)

Other Questions


In a motion for summary adjudication on a motion to exclude evidence as to drainage, does plaintiff need to explain to the arbitrator why it was necessary to exclude the evidence? (California, United States of America)
What is the legal test for a motion to exclude or strike evidence in a criminal case? (California, United States of America)
What is the test for a motion to exclude or strike evidence in a criminal case? (California, United States of America)
What is the test for excluding identification evidence in a motion to exclude identification evidence? (California, United States of America)
What is the test for a motion to strike or exclude evidence in a civil case? (California, United States of America)
What is the test for admissible evidence in a criminal case where an expert testified that there was no evidence of criminal wrongdoing? (California, United States of America)
What is the test for a motion to strike or exclude evidence in a civil case? (California, United States of America)
On a motion to strike from the criminal record of a defendant who was convicted of sexual assault, can the motion be struck from a criminal record? (California, United States of America)
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)
In a criminal case, is there any case law in which a jury has been ordered to conduct cross-examination of evidence in the penalty phase? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.