What is the test for appeal against the exclusion of evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Ortiz, B243676 (Cal. App. 2014):

A judgment may not be reversed due to an erroneous exclusion of evidence unless the reviewing court finds that the exclusion has resulted in a miscarriage of justice and the record shows that "[t]he substance, purpose, and relevance of the excluded evidence was made known to the court by the questions asked, an offer of proof, or by any other means." (Evid. Code, 354, subd. (a).) Appellate review of the exclusion of evidence is limited to the points made in the appellant's offer of proof in the trial court. (People v. Benavides (2005) 35 Cal.4th 69, 94.)

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