What is the test for admissibility of evidence by the Court of Appeal?

California, United States of America


The following excerpt is from People v. Taylor, H039140 (Cal. App. 2014):

An appellate court "applies the abuse of discretion standard of review to any ruling by a trial court on the admissibility of evidence." (People v. Waidla (2000) 22 Cal.4th 690, 717.) Thus, the appellate court "examines for abuse of discretion a decision on admissibility that turns on the relevance of the evidence in question." (Ibid.)

"Only relevant evidence is admissible." (People v. Brady (2010) 50 Cal.4th 547, 558.) Evidence is relevant if it has "any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." (Evid. Code, 210.)

"It is the burden of the proponent of evidence to establish its relevance through an offer of proof . . . ." (People v. Schmies (1996) 44 Cal.App.4th 38, 51.) "An offer of proof should give the trial court an opportunity to change or clarify its ruling and in the event of appeal would provide the reviewing court with the means of determining error

Page 3

and assessing prejudice. [Citation.]. To accomplish these purposes an offer of proof must be specific." (Id. at p. 53.)

Other Questions


How does the Court of Appeal review a trial court's ruling to admit evidence over defendant's objection based on evidence section 352? (California, United States of America)
In a claim of error in the admission of evidence, can the trial court abuse its discretion to allow evidence to be admitted on appeal? (California, United States of America)
When determining whether the evidence was sufficient to sustain a conviction on appeal, what is the role of the Court of Appeal? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
When a court of appeal has an appealable judgment or order before it, does the court have jurisdiction to affirm, reverse or modify it? (California, United States of America)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
What role does the Court of Appeal have in determining the sufficiency of the evidence in the context of an appeal? (California, United States of America)
When determining whether the evidence was sufficient to sustain a conviction on appeal, what is the role of the Court of Appeal? (California, United States of America)
What is the test for appeal against the evidentiary rulings of the trial court on the admissibility of evidence? (California, United States of America)
What are the findings of the Court of Appeal at the Superior Court of Justice on Beach's appeal against a finding that an autopsy photograph of the victim was unduly prejudicial and lacked probative value? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.