What is the test for review of the unchallenged admission of evidence in a criminal case?
California, United States of America
The following excerpt is from People v. Collie, 177 Cal.Rptr. 458, 30 Cal.3d 43, 634 P.2d 534 (Cal. 1981):
1 At least one case asserts that the statute would allow review of the unchallenged admission of evidence if defendant could establish a "miscarriage of justice." (People v. DeVaney (1973) 33 Cal.App.3d 630, 635, 109 Cal.Rptr. 276.) But that reading of the statute is clearly incorrect: the statute allows reversal on the miscarriage of justice standard only if a timely and proper objection has been made. (Evid.Code, 353.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for admissible evidence in a criminal case where an expert testified that there was no evidence of criminal wrongdoing? (California, United States of America)
Is evidence of a criminal defendant's disposition or propensity to commit the charged offense in a criminal case admissible? (California, United States of America)
Does section 1101 of the California Evidence Code prohibit the admission of character or propensity evidence in a criminal case? (California, United States of America)
Is evidence of criminal activity not charged in a criminal case admissible? (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 evidence of prior criminal conduct admissible in criminal cases? (California, United States of America)
Is evidence of criminal history relevant and admissible in a criminal case? (California, United States of America)
Is evidence of a person's character or trait of his or her character in a civil case admissible in the context of a criminal case? (California, United States of America)
What is the state of the law in relation to the admission of evidence in a criminal case of alleged criminal conspiracy? (California, United States of America)
Does section 1101 of the California Evidence Code prohibit the admission of character or propensity evidence in a criminal case? (California, United States of America)
