What is the test for admitting or denying abuse of discretion in a sexual assault case?
California, United States of America
The following excerpt is from People v. Lopez, 235 Cal.Rptr.3d 64, 420 P.3d 878, 5 Cal.5th 339 (Cal. 2018):
accurately perceived and recollected the testimonial events. Once that threshold is passed, it is for the jury to decide whether the witnesss perceptions and recollections are credible." (italics omitted) ].) We review a trial courts determination to admit testimony for abuse of discretion. ( People v. Cortez (2016) 63 Cal.4th 101, 124, 201 Cal.Rptr.3d 846, 369 P.3d 521.)
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