What is the test for a challenge to a trial court's choice to admit or exclude evidence under section 352 of the California Evidence Code?
California, United States of America
The following excerpt is from People v. Franks, F070660 (Cal. App. 2016):
"We review a challenge to a trial court's choice to admit or exclude evidence under [Evidence Code] section 352 for abuse of discretion. [Citation.]" (People v. Branch (2001) 91 Cal.App.4th 274, 282.) We will reverse only if the court's ruling was
Page 9
" 'arbitrary, whimsical, or capricious as a matter of law. [Citation.]' [Citation.]" (Id. at p. 292.)
"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 a challenge to a trial court's choice to admit or exclude evidence under section 352 of the California Evidence Code? (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)
When will a court not abuse its discretion in admitting evidence under Evidence Code section 352 of the California Evidence Code? (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)
What is the current state of the law on the authority of a trial court to exclude or admit relevant evidence under section 352 of the Evidence Code? (California, United States of America)
What is the power of the trial court to exclude evidence under section 352 of the California Evidence Code? (California, United States of America)
What is the current state of the law on the right of a trial court to exclude or admit relevant evidence under section 352 of the Evidence Code? (California, United States of America)
What is the test for admitting or excluding evidence under section 352 of the California Evidence Code? (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)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
