What is the test for reversing a finding that excluded evidence in a criminal case?
MultiRegion, United States of America
The following excerpt is from United States v. Ohanmu, No. 14-1533-cr (2nd Cir. 2015):
Where a defendant argues that excluded evidence deprived him of his right to present a defense, we generally determine first whether the evidentiary ruling was correct. See Hawkins v. Costello, 460 F.3d 238, 244 (2d Cir. 2006). Even if we identify error, we will reverse only if "the omitted evidence evaluated in the context of the entire record creates a reasonable doubt that did not otherwise exist." Id. (internal quotation marks omitted).
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