What is the test for prejudicial abuse of discretion?

California, United States of America


The following excerpt is from People v. Garrett, B295437 (Cal. App. 2020):

A prejudicial abuse of discretion will be found only if the trial court " 'exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice. [Citations.]' [Citation.]" (People v. Rodrigues, supra, 8 Cal.4th at pp. 1124-1125.)

Other Questions


What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (California, United States of America)
What is the test for "abuse of discretion" in cases involving abuse of discretion? (California, United States of America)
Does the Court of Appeal have discretion to admit evidence of abuse of power or abuse of discretion? (California, United States of America)
Is abuse of discretion an abuse of the discretion test? (California, United States of America)
Does a restitution order for abuse of discretion constitute an abuse of the court's discretion? (California, United States of America)
Is evidence more prejudicial than probative under a deferential abuse of discretion standard? (California, United States of America)
Is gang evidence relevant and not unduly prejudicial for abuse of discretion? (California, United States of America)
Does the trial court abuse its discretion to exclude prejudicial evidence at trial? (California, United States of America)
Does the trial court abuse its discretion when it denied a defendant's motion to exclude the testimony of Page 35 of the Defendant's lawyer as more prejudicial than probative? (California, United States of America)
Is exclusion of evidence as more prejudicial than probative an abuse of discretion? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.