What is the test for abuse of abuse of evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Evans, B261899 (Cal. App. 2018):

confusing the issues, or of misleading the jury." Because trial courts have "wide discretion in assessing whether in a given case a particular piece of evidence is relevant and whether it is more prejudicial than probative," we review the court's decision for abuse of discretion. (People v. Duff (2014) 58 Cal.4th 527, 558.)

People v. Reyes (2008) 165 Cal.App.4th 426 is instructive. In that case, defendant objected to a police detective's testimony that one of the trial witnesses provided critical information relating to five other murder investigations. (Id. at pp. 436-437.) Defendant argued that the detective's testimony constituted inadmissible opinion about the witness's credibility. The court disagreed, reasoning that "the detective did not offer or state an opinion about the witness's credibility. . . . The testimony was relevant and admissible, not as an opinion about [the witness's] credibility, but as evidence of conduct supporting it." (Id. at p. 437; citing People v. Harris (1989) 47 Cal.3d 1047, 1080-1082 [evidence of informant's prior reliability properly admitted for the purpose of proving his credibility as a trial witness].)

Other Questions


What is the test for abuse of abuse of the abuse of evidence in a criminal case where a defendant admitted to a prior burglary? (California, United States of America)
In a dependent adult abuse case, is there sufficient evidence to convict appellant of criminal threat and criminal threat convictions? (California, United States of America)
In a dependent adult abuse case, is there sufficient evidence to convict appellant of criminal threat and criminal threat convictions? (California, United States of America)
What is the test for admissible evidence in a criminal case where an expert testified that there was no evidence of criminal wrongdoing? (California, United States of America)
Does section 1101 of the California Evidence Code prohibit the admission of character or propensity evidence in a criminal case? (California, United States of America)
Is evidence of a person's character or trait of his or her character in a civil case admissible in the context of a criminal case? (California, United States of America)
What constitutes substantial evidence of criminal intent in a criminal case? (California, United States of America)
In a criminal case, is there any case law in which a jury has been ordered to conduct cross-examination of evidence in the penalty phase? (California, United States of America)
What is the legal test for admitting evidence of abuse of power in a criminal case? (California, United States of America)
What is the test for admitting evidence of abuse of the abuse of evidence for the purpose of motive and consciousness of guilt? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.