What is the test for setting aside a ruling by the Court of Appeal on the admissibility of evidence?

California, United States of America


The following excerpt is from People v. Ortiz, H039152 (Cal. App. 2015):

We begin our analysis with the standards of review. First, "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. Waidla (2000) 22 Cal.4th 690, 717.) Second, under Evidence Code section 353, subdivision (b), an erroneous ruling shall be set aside only when the error complained of resulted in a "miscarriage of justice." And 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." (People v. Watson (1956) 46 Cal.2d 818, 836(Watson).)

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