What is the test for abuse of discretion in a trial court's exclusion of evidence under the Evidence Code section 352?

California, United States of America


The following excerpt is from People v. Barahona, B276652 (Cal. App. 2018):

We review a trial court's exclusion of evidence under Evidence Code section 352 for abuse of discretion. (See People v. Brown (2003) 31 Cal.4th 518, 534.) "Where . . . 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

Page 17

miscarriage of justice. [Citations.]' " (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124-1125.)

Other Questions


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)
Can a trial court admit evidence under section 1230 for abuse of discretion? (California, United States of America)
Does the trial court abuse its discretion to exclude prejudicial evidence at trial? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
Does the trial court abuse its discretion to exclude prejudicial evidence at trial? (California, United States of America)
What is the test for a challenge to a trial court's decision to admit or exclude evidence under section 352 for abuse of discretion? (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)
Does the trial court abuse its discretion in admitting evidence of hallway incidents under section 1108? (California, United States of America)
What is the abuse of the abuse standard for exclusion of evidence under section 1154 of the Evidence Code? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.