What is the test for excluding or limiting the evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Rodriguez, C074676 (Cal. App. 2015):

trial judge to consider excluding the evidence or limiting its admission to avoid possible prejudice. It also allows the proponent of the evidence to lay additional foundation, modify the offer of proof, or take other steps designed to minimize the prospect of reversal.' [Citation.]" (People v. Partida (2005) 37 Cal.4th 428, 434.) Because defendant failed to object to the prosecutor's representation that the copies were certified, the trial court was not alerted to a need to consider excluding the evidence to minimize the prospect of reversal, and the prosecutor did not have the opportunity to cure any problems with the certification. Thus, defendant has forfeited any objection to the certification on appeal.

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