What is the test for "broad discretion" in deciding whether to grant a conditional discharge?
California, United States of America
The following excerpt is from People v. Poizner, D059561 (Cal. App. 2013):
"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.)
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