What is the test for admissibility of a motion for abuse of power?
California, United States of America
The following excerpt is from People v. Thuy Le Truong, 10 Cal.App.5th 551, 216 Cal.Rptr.3d 246 (Cal. App. 2017):
novo. ( People v. Prunty (2015) 62 Cal.4th 59, 71, 192 Cal.Rptr.3d 309, 355 P.3d 480 ; People v. McGowan (2015) 242 Cal.App.4th 377, 380, 195 Cal.Rptr.3d 312.)
Finally, we review the trial court's admissibility determinations for abuse of discretion. ( People v. Cox (2003) 30 Cal.4th 916, 955, 135 Cal.Rptr.2d 272, 70 P.3d 277.) We reverse for abuse of discretion only
[216 Cal.Rptr.3d 252]
when the lower " ' "court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice." ' " ( People v. Williams (2008) 43 Cal.4th 584, 634635, 75 Cal.Rptr.3d 691, 181 P.3d 1035.)
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