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

California, United States of America


The following excerpt is from People v. Henslee, D073777 (Cal. App. 2019):

"The decision to admit rebuttal evidence rests largely within the discretion of the trial court and will not be disturbed on appeal in the absence of demonstrated abuse of that discretion. [Citations.]" (People v. Young (2005) 34 Cal.4th 1149, 1199.) " '[P]roper rebuttal evidence does not include a material part of the case in the prosecution's possession that tends to establish the defendant's commission of the crime. It is restricted to evidence made necessary by the defendant's case in the sense that he has introduced new evidence or made assertions that were not implicit in his denial of guilt.' " (Ibid.)

Page 30

2. Analysis

a. Abuse of Discretion

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