What is the test for reviewing a trial court's exercise of discretion in admitting or excluding evidence?

California, United States of America


The following excerpt is from People v. Withers, D067156, D067470 (Cal. App. 2016):

A trial court's exercise of discretion in admitting or excluding evidence is reviewed on appeal for abuse of that discretion and will not be disturbed "except on a showing the trial court exercised its discretion in an arbitrary, capricious, or patently

Page 59

absurd manner that resulted in a manifest miscarriage of justice." (People v. Rodriguez, supra, 20 Cal.4th at pp. 9-10.)

Other Questions


What is the test for review of a trial court's exercise of discretion in admitting or excluding evidence? (California, United States of America)
Is a trial court's exercise of discretion in admitting or excluding evidence reviewable for abuse? (California, United States of America)
Is a trial court's exercise of discretion in admitting or excluding evidence reviewable for abuse? (California, United States of America)
Is a trial court's exercise of discretion in admitting or excluding evidence reviewable for abuse? (California, United States of America)
In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)
How does the Court of Appeal review a trial court's ruling to admit evidence over defendant's objection based on evidence section 352? (California, United States of America)
Is a trial court's decision to admit or exclude evidence reviewable for abuse of discretion? (California, United States of America)
Does the trial court abuse its discretion to exclude prejudicial evidence at trial? (California, United States of America)
Does the trial court abuse its discretion to exclude prejudicial evidence at trial? (California, United States of America)
What is the test for a challenge to a trial court's choice to admit or exclude evidence under section 352 of the California Evidence Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.