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