What is the test for abuse of evidence under section 1109 of the Evidence Code?
California, United States of America
The following excerpt is from People v. Capitman, B269808 (Cal. App. 2017):
section 1109, this was not an abuse of the court's discretion. "'The [trial] court's exercise of discretion under Evidence Code section 352 will not be disturbed on appeal unless the court clearly abused its discretion, e.g., when the prejudicial effect of the evidence clearly outweighed its probative value.'" (People v. Jennings (2000) 81 Cal.App.4th 1301, 1314-1315.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
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)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (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 effect of section 352 of the Alberta Evidence Code on "prejudice" under section 352(1) of the Evidence Code? (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)
What is the effect of section 702 of California Evidence Code section 702 (a) of the Evidence Code? (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)
Is a defendant's reliance on evidence code section 730 of the Evidence Code Section 730 a violation of his constitutional right to access a mental health expert? (California, United States of America)
What is the test for abuse of abuse of credibility under California Evidence Code section 791? (California, United States of America)
Does the application of "ordinary rules of evidence" such as section 352 of California Evidence Code section 352 violate a defendant's constitutional rights? (California, United States of America)
