What is the test for abuse of discretion?

California, United States of America


The following excerpt is from People v. Campos, F077384 (Cal. App. 2020):

"We review a trial court's decision whether a statement is admissible under Evidence Code section 1230 for abuse of discretion." (Grimes, supra, 1 Cal.5th at p. 711.) The ruling " ' "will not be disturbed unless there is a showing that the trial court acted in an arbitrary, capricious, or absurd manner resulting in a miscarriage of justice." ' " (People v. Young (2019) 7 Cal.5th 905, 931.) " 'A merely debatable ruling cannot be deemed an abuse of discretion.' " (People v. Miracle (2018) 6 Cal.5th 318, 346.)

Page 13

Other Questions


Does a restitution order for abuse of discretion constitute an abuse of the court's discretion? (California, United States of America)
What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (California, United States of America)
What is the test for "abuse of discretion" in cases involving 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)
Is abuse of discretion an abuse of the discretion test? (California, United States of America)
What is the test for abuse of discretion when dealing with allegations of sexual abuse against a protected party? (California, United States of America)
What is the range of damages available to a victim of sexual abuse who has been sexually abused as a child as a result of the abuse? (California, United States of America)
What is the test for abuse of abuse of the abuse of evidence in a criminal case where a defendant admitted to a prior burglary? (California, United States of America)
Is there an abuse of authority or abuse of discretion in setting aside a default and judgment? (California, United States of America)
How have courts exercised discretion to impose the upper term sentence for 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.