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

California, United States of America


The following excerpt is from Graham v. Masters, 199 Cal.Rptr.3d 85, 365 P.3d 861, 62 Cal.4th 1019 (Cal. 2016):

words but the circumstances under which they were uttered, the possible motivation of the declarant, and the declarant's relationship to the defendant.' [Citation.] ... [] A trial court's decision to admit or exclude evidence is a matter committed to its discretion' "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. Geier (2007) 41 Cal.4th 555, 584585, 61 Cal.Rptr.3d 580, 161 P.3d 104 ; see People v. McCurdy (2014) 59 Cal.4th 1063, 11081109, 176 Cal.Rptr.3d 103, 331 P.3d 265 (McCurdy ).)

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