What is the test for an abuse of discretion in an evidentiary ruling?

California, United States of America


The following excerpt is from People v. Butler, G043100 (Cal. App. 2012):

We review evidentiary rulings for an abuse of discretion. (People v. Foster (2010) 50 Cal.4th 1301, 1328.) "'"[A] trial court's ruling will not be disturbed, and reversal . . . is not required, unless the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice."'" (Id. at pp. 1328-1329.)

"'Relevant evidence' means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." (Evid. Code, 210.) "No evidence is admissible except relevant evidence." (Evid. Code, 350.) "Except as otherwise provided by statute, all relevant evidence is admissible." (Evid. Code, 351.) "The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." (Evid. Code, 352.) In cases involving uncharged misconduct, "[t]he probative value of the uncharged offense evidence must be substantial . . . ." (People v. Kipp (1998) 18 Cal.4th 349, 371.)

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