What is the test for an appellate tribunal to overturn a decision of a trial court not to admit or deny evidence of abuse of discretion?

California, United States of America


The following excerpt is from People v. Clark, 256 Cal.Rptr.3d 459, 43 Cal.App.5th 270 (Cal. App. 2019):

Under the abuse of discretion standard, a " "decision will not be reversed merely because reasonable people might disagree. An appellate tribunal is neither authorized nor warranted in substituting its judgment for the judgment of the trial judge. " [Citations.] Taken together, these precepts establish that a trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it." ( People v. Carmony (2004) 33 Cal.4th 367, 377, 14 Cal.Rptr.3d 880, 92 P.3d 369.) Given our review of the disputed evidence, we cannot conclude that no reasonable judge would have admitted the evidence. We accordingly need not address the parties arguments as to whether defendant was prejudiced by admission of the evidence.

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