What is the test for prejudicial evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Hill, C082236 (Cal. App. 2017):

damaging. [Citation.] Rather, it refers to evidence that uniquely tends to evoke an emotional bias against the defendant as an individual, and has little to do with the legal issues raised in the trial. [Citation.]" (People v. McCurdy (2014) 59 Cal.4th 1063, 1095.) Even prejudicial evidence is not inadmissible unless the probative value of the evidence is "substantially" outweighed by the "probability of a substantial danger" of undue prejudice. (People v. Holford (2012) 203 Cal.App.4th 155, 167.)

"Trial courts enjoy ' "broad discretion" ' in deciding whether the probability of a substantial danger of prejudice substantially outweighs probative value. [Citations.] A trial court's exercise of discretion 'will not be disturbed except on a showing 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. Holford, supra, 203 Cal.App.4th at pp. 167-168.)

Other Questions


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 substantial evidence standard of review in a sexual assault case when the prosecution case is based on circumstantial evidence? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
How have courts interpreted section 352 of the California Evidence Code for excluding prejudicial 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 test for admitting evidence of sexual assault in a sexual assault case? (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)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
What is the case law on prejudicial evidence in a sexual assault case? (California, United States of America)
What is the test for using evidence of an uncharged sexual offence as evidence in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.