What is the test for determining relevancy and admissibility of evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Jones, 220 Cal.Rptr.3d 618, 3 Cal.5th 583, 398 P.3d 529 (Cal. 2017):

"A trial court has 'considerable discretion' in determining the relevance of evidence. [Citation.] Similarly, the court has broad discretion under Evidence Code section 352 to exclude even relevant evidence if it determines the probative value of the evidence is substantially outweighed by its possible prejudicial effects. [Citation.] An appellate court reviews a court's rulings regarding relevancy and admissibility under Evidence Code section 352 for abuse of discretion. [Citation.] We will not reverse a court's ruling on such matters unless it is shown ' "the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice." [Citation.]' " ( People v. Merriman (2014) 60 Cal.4th 1, 74, 177 Cal.Rptr.3d 1, 332 P.3d 1187.)

Other Questions


What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
What is the test of relevance and credibility for determining the admissibility of evidence in a sexual assault case? (California, United States of America)
In determining the sufficiency of evidence in a civil case, how have courts considered the evidence in the context of sexual assault cases? (California, United States of America)
What is the test for determining relevancy and admissibility of evidence in a sexual assault case? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
When testifying in a sexual assault case, does the use of the word "sex" by the victims constitute sufficient evidence for the purposes of sexual arousal or sexual gratification? (California, United States of America)
What is the preponderance standard for determining the admissibility of evidence in a sexual assault case? (California, United States of America)
How have the cases of two separate sexual assault cases been determined to be cross-admissible under section 1101 of the Criminal Code? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.