What is the test for overturning an evidentiary ruling in the absence of a timely objection?

MultiRegion, United States of America

The following excerpt is from U.S. v. Henricks, 116 F.3d 486 (9th Cir. 1997):

We do not review evidentiary rulings in the absence of a timely objection unless the accused's substantial rights are affected. United States v. Rogers, 769 F.2d 1418, 1425 (9th Cir.1985), cert. denied, 502 U.S. 973 (1991). Plain error requires a reversal only to prevent a miscarriage of justice or where the error seriously, affects the fairness, integrity, or public reputation of judicial proceedings. Olano, 507 U.S. at 736.

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