How have courts dealt with the issue of improper exclusion of evidence in an evidentiary review?

California, United States of America


The following excerpt is from In re Auto. Antitrust Cases, 1 Cal.App.5th 127, 204 Cal.Rptr.3d 330 (Cal. App. 2016):

Similarly, we will not here resolve this outstanding issue, as our conclusions are sound under either theory. (See In re R.T. (2015) 232 Cal.App.4th 1284, 1301, 182 Cal.Rptr.3d 338 [a court abuses its discretion when it applies an incorrect legal standard]; Shaw v. County of Santa Cruz (2008) 170 Cal.App.4th 229, 281, 88 Cal.Rptr.3d 186 [an evidentiary ruling that transgresses the confines of the applicable principles of law is an abuse of discretion].) With respect to the consequences of our evidentiary review, however, we will follow the tenetcorrectly pointed out by both partiesthat the erroneous exclusion of evidence by the trial court is not grounds for reversal unless we also determine that the error was prejudicial. (Evid. Code, 354, subd. (a) [judgment shall not be reversed due to the erroneous exclusion of evidence unless the error resulted in a miscarriage of

[1 Cal.App.5th 142]

Other Questions


In a Family Law Application to the Court of Appeal, how have the courts dealt with the issue of sufficiency of evidence in support of a jurisdictional finding? (California, United States of America)
In reviewing the sufficiency of evidence to support the conviction, how does the court review the evidence? (California, United States of America)
When reviewing for the sufficiency of evidence to support a conviction, how does the court review the evidence? (California, United States of America)
On appeal, can the court conduct an independent review of the transcript of the in camera hearing and the records reviewed by the trial court to determine whether any records were improperly withheld? (California, United States of America)
When reviewing the sufficiency of the evidence supporting the conviction of a convicted rapist, does the court have to review the evidence in the context of section 1118.1? (California, United States of America)
In reviewing a lower court's ruling for abuse of power, does the court review the evidence or evaluate the credibility of witnesses? (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)
When a bench officer issued an order for a fee under review was not the same bench officer as the judge who presided over the trial, can the court exercise a less deferential standard of review? (California, United States of America)
Is a trial court ruling that resolves conflicts in the evidence entitled to greater deference from a reviewing court than a similar finding in a similar case? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code 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.