What is the test for admitting evidence in a criminal case?
California, United States of America
The following excerpt is from People v. Hendrix, 153 Cal.Rptr.3d 740, 214 Cal.App.4th 216 (Cal. App. 2013):
When we review a trial court's ruling concerning admission of evidence, we consider only the evidence before the court when it made its ruling. ( People v. Hartsch (2010) 49 Cal.4th 472, 491, 110 Cal.Rptr.3d 673, 232 P.3d 663.) Here, the trial court ruled on the pretrial motion relying on the prosecution's offer of proof. Since those were the facts before the trial court when it made its ruling, any other facts developed at trial were and are immaterial to the trial court's ruling.
As noted by the majority, the offer of proof concerning the two prior crimes was as follows:
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