What is the test for admitting evidence of abuse?

California, United States of America


The following excerpt is from People v. Covarrubias, 186 Cal.Rptr.3d 873, 236 Cal.App.4th 942 (Cal. App. 2015):

When the admission of evidence is challenged, the reviewing court determines whether the abuse of discretion was harmless based upon a host of factors, all readily accessible to reviewing courts. These factors include the importance of the witness' testimony in the prosecution's case, whether the testimony was cumulative, the presence or absence of evidence corroborating or contradicting the testimony of the witness on material points, the extent of cross-examination otherwise permitted, and, of course, the overall strength of the prosecution's case. (Delaware v. Van Arsdall (1986) 475 U.S. 673, 684, 106 S.Ct. 1431, 89 L.Ed.2d 674.)

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