California, United States of America
The following excerpt is from People v. Chavez, C080117 (Cal. App. 2020):
We review a challenge to a trial court's decision to admit or exclude evidence under section 352 for abuse of discretion. (See People v. Anderson (2018) 5 Cal.5th 372, 402.) "As with all actions by a trial court within the exercise of its discretion, as long as there exists 'a reasonable or even fairly debatable justification, under the law, for the action taken, such action will not be here set aside, even if, as a question of first
Page 10
impression, we might feel inclined to take a different view from that of the court below as to the propriety of the action.' [Citation.]" (Gonzales v. Nork (1978) 20 Cal.3d 500, 507 (Gonzales).)
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.