What is the current state of the law on discretion of a trial court in assessing the probative value of evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. King, H037401 (Cal. App. 2013):

"Under Evidence Code section 352, the trial court enjoys broad discretion in assessing whether the probative value of particular evidence is outweighed by concerns of undue prejudice, confusion or consumption of time. [Citation.] Where, as here, a discretionary power is statutorily vested in the trial court, its exercise of that discretion 'must not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice. [Citations.]' [Citation.]" (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124-1125 (Rodrigues).)

Other Questions


What is the current state of the law on discretion of a trial court in assessing the probative value of evidence in a sexual assault case? (California, United States of America)
What is the current state of the law on discretion of a trial court in assessing the probative value of evidence in a sexual assault case? (California, United States of America)
What is the current state of the law on discretion of a trial court in assessing the probative value of evidence in a sexual assault case? (California, United States of America)
What is the current state of the law on discretion of a trial court in assessing the probative value of evidence in a sexual assault case? (California, United States of America)
What is the current state of the law on discretion of the trial court in assessing the probative value of evidence under section 352 of the Evidence Code? (California, United States of America)
What is the current state of the law on discretion of the trial court in assessing the probative value of particular evidence? (California, United States of America)
What is the current state of the law in Ontario on the basis of discretion of the trial court in assessing the probative value of evidence? (California, United States of America)
In a sexual assault case, how have the courts dealt with claims that the trial court abused its discretion in excluding evidence of the victim's other sexual conduct? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
In a sexual assault case, what is the test for a plaintiff's claim that the trial court did not abuse its discretion in excluding evidence of the victim's other sexual conduct? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.