What is the test for determining whether excluded evidence in a civil case is harmless?

California, United States of America


The following excerpt is from People v. Sanchez, 246 Cal.Rptr.3d 296, 439 P.3d 772, 7 Cal.5th 14 (Cal. 2019):

For these reasons, to the extent any error was of state law, we would find it harmless because it is not reasonably probable the result would have been more favorable to defendant had the excluded evidence been admitted. ( People v. Merriman , supra , 60 Cal.4th at p. 69, 177 Cal.Rptr.3d 1, 332 P.3d 1187.) Defendant also contends the rulings violated his federal constitutional rights, including the right to confront witnesses. To establish a violation of his right of confrontation, defendant must show that the excluded evidence "would have produced a significantly different impression of [the witnesss] credibility. "

[246 Cal.Rptr.3d 323]

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