What is the test for abuse of power in a trial?
California, United States of America
The following excerpt is from People v. Perez, B250052 (Cal. App. 2015):
A trial court's abuse of discretion is established only by a showing that the discretion was exercised in a manner that is "'arbitrary, capricious or patently absurd'" and resulted in a "'manifest miscarriage of justice.'" (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124.)
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