Is a motion concerning the admissibility of evidence subject to review for abuse of discretion?
California, United States of America
The following excerpt is from People v. Mickey, 286 Cal.Rptr. 801, 54 Cal.3d 612, 818 P.2d 84 (Cal. 1991):
It appears that a ruling on a motion such as the present, which concerns the admissibility of evidence, is subject to review for abuse of discretion. (Cf. United States v. Marashi (9th Cir.1990) 913 F.2d 724, 729 [holding to that effect under federal standard-of-review principles].) The underlying determinations, of course, are scrutinized in accordance with their character as purely legal, purely factual, or mixed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for abuse of discretion in the context of a motion to review the decision of a trial court denying a defendant's motion to exclude victim impact evidence and uncharged misconduct in the case of Romero? (California, United States of America)
Is the admission or exclusion of evidence reviewed for abuse of evidence? (California, United States of America)
Is a motion for continuance subject to review under the abuse of the discretion standard? (California, United States of America)
Does the fact that evidence in defendant's defence is not cross-admissible in a motion to sever the case is sufficient to establish abuse of discretion by the court in refusing to sever? (California, United States of America)
Is a motion to dismiss reviewed for abuse of discretion or substantial evidence? (California, United States of America)
When reviewing a motion for a new trial, does the appellate court apply the standard of "abuse of discretion" in denying the motion? (California, United States of America)
What is the test for abuse of abuse of authority in denying a motion for a new trial motion based on newly discovered evidence? (California, United States of America)
What is the standard of review for abuse of discretion in the context of a trial court's ruling on the admissibility of evidence? (California, United States of America)
What is the standard of review in the context of hearsay or abuse of discretion on the admissibility of evidence? (California, United States of America)
What is the abuse of discretion standard of review applicable to any trial court ruling on the admissibility of evidence? (California, United States of America)
