What is the test for reversing a judgment on the basis of erroneous admission of evidence?

California, United States of America


The following excerpt is from People v. Cooley, A128278 (Cal. App. 2011):

We may not reverse a judgment on the basis of erroneous admission of evidence unless the party challenging the evidence objected to its admission and stated the ground of the objection, and unless we conclude the evidence should have been excluded on the ground stated and there was a resulting miscarriage of justice. (Evid. Code, 353; see also People v. Hayes (1999) 21 Cal.4th 1211, 1261.) Defendant has therefore waived his objection to all of the evidence he now challenges with the exception of the testimony about prior incidents at the mall.

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