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

California, United States of America


The following excerpt is from People v. Garcia, C066714 (Cal. App. 2019):

We also reject the assertion that the trial court abused its discretion in admitting the rebuttal evidence because it was unduly prejudicial, confusing, and misleading within the meaning of Evidence Code section 352. "Evidence is not inadmissible under [Evidence Code] section 352 unless the probative value is 'substantially' outweighed by the probability of a 'substantial danger' of undue prejudice or other statutory counterweights. Our high court has emphasized the word 'substantial' in [Evidence Code] section 352. [Citations.] [] Trial courts enjoy ' "broad discretion" ' in deciding whether the probability of a substantial danger of prejudice substantially outweighs probative value. [Citations.] A trial court's exercise of discretion '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.' " (People v. Holford (2012) 203 Cal.App.4th 155, 167-168.) The rebuttal evidence had significant

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