What is the test for setting aside a judgment, or a new trial granted, on the grounds of misdirection of the jury, or of improper admission or rejection of evidence?

California, United States of America


The following excerpt is from People v. Thompson, 215 Cal.App.3d Supp. 7, 265 Cal.Rptr. 105 (Cal. Super. 1989):

2 Article VI, section 13 of the California Constitution reads as follows: "No judgment shall be set aside, or new trial granted, in any cause, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice." Under People v. Watson (1956) 46 Cal.2d 818, 836, 299 P.2d 243, "a 'miscarriage of justice' should be declared only when the court, 'after an examination of the entire cause, including the evidence,' is of the 'opinion' that it is reasonably probable that a result more favorable to the appealing party would have been reached in the absence of the error."

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