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

California, United States of America


The following excerpt is from People v. Buenrostro, B230967, B240440 (Cal. App. 2013):

The court's ruling, coupled with the appropriate limiting instruction, was well within its broad discretion. (See People v. Burgener (2003) 29 Cal.4th 833, 869 ["[e]vidence that a witness is afraid to testify or fears retaliation for testifying is relevant to the credibility of that witness and is therefore admissible"]; see generally People v. Rodriguez (1999) 20 Cal.4th 1, 9-10 ["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"].) Although it might have been better practice for the prosecutor to have alerted the court and defense counsel

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