California, United States of America
The following excerpt is from People v. Gordon, H038780 (Cal. App. 2014):
"On appeal, 'an appellate court applies the abuse of discretion standard of review to any ruling by a trial court on the admissibility of evidence . . . .' " (People v. Hovarter (2008) 44 Cal.4th 983, 1007-1008.) A trial court abuses its discretion when its ruling falls outside the bounds of reason. (People v. Benavides (2005) 35 Cal.4th 69, 88.)
The Sixth Amendment's confrontation clause, as applied to the states via the Fourteenth Amendment, trumps Evidence Code section 352. (See People v. Babbitt (1988) 45 Cal.3d 660, 684 [making the same point regarding the statute vis--vis constitutional due process rights].) But that does not render state law a nullity. As defendant acknowledges with commendable candor, the federal constitutional standard
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