What is the test for admitting or excluding evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Briggs, F065162 (Cal. App. 2013):

"A trial court's exercise of discretion in admitting or excluding evidence is reviewable for abuse [citation] and will not be disturbed except on a showing the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice [citation]." (People v. Rodriguez (1999) 20 Cal.4th 1, 9-10.)

The court did not abuse its discretion when it permitted the prosecution to impeach defendant with his prior conviction for robbery, in addition to the burglary conviction. First, it is settled that both robbery and burglary are crimes of moral turpitude. In addition, convictions for robbery, burglary, and other theft-related offenses "are probative on the issue of the defendant's credibility. [Citations.]" (People v. Mendoza (2000) 78 Cal.App.4th 918, 925 (Mendoza).)

Other Questions


What is the test for admitting or excluding evidence in a criminal case? (California, United States of America)
What is the test for admitting evidence of criminal propensity in a criminal case? (California, United States of America)
What is the test for admitting evidence of criminal misconduct in a criminal case? (California, United States of America)
What is the test for admitting evidence of criminal intent in a criminal case? (California, United States of America)
What is the test for admitting evidence of criminal conduct in a criminal case? (California, United States of America)
What is the test for admissible evidence in a criminal case where an expert testified that there was no evidence of criminal wrongdoing? (California, United States of America)
What is the test for admitting or excluding impeachment evidence in a criminal case? (California, United States of America)
What is the test for admitting evidence of criminal misconduct in a criminal case? (California, United States of America)
What is the balance between admitting and excluding evidence in a criminal case? (California, United States of America)
What is the test for a motion to exclude or strike evidence in a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.