What is the test for abuse of discretion on relevance and the exclusion of evidence under the Evidence Code?

California, United States of America


The following excerpt is from People v. Ramirez, B266525 (Cal. App. 2016):

"We review for abuse of discretion a trial court's rulings on relevance and the exclusion of evidence under Evidence Code[,] section 352. [Citation.]" (People v. Avila (2006) 38 Cal.4th 491, 578.) "Where, as here, a discretionary power is inherently or by express statute vested in the trial judge, his or her exercise of that discretion must not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice." (People v. Jordan (1986) 42 Cal.3d 308, 316.)

Other Questions


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 abuse of discretion in a trial court's exclusion of evidence under the Evidence Code section 352? (California, United States of America)
What is the abuse of the abuse standard for exclusion of evidence under section 1154 of the Evidence Code? (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)
What is relevant evidence relevant for abuse of discretion? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
What is the test of relevance, relevance and abuse of discretion in determining the admissibility of evidence at trial? (California, United States of America)
Does the exclusion of a single item of marginally relevant evidence under California Evidence Code section 352 preclude a defendant from presenting his "consensual sexual relationship" defense? (California, United States of America)
Is there a "situation" where a plaintiff has been ordered to produce evidence under the Arizona Evidence Code under section 402 of the Evidence Code? (California, United States of America)
What is the test for abuse of discretion when it comes to the relevance of evidence under section 352 of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.