What is the test for abuse of discretion in admitting or excluding evidence at trial?

California, United States of America


The following excerpt is from People v. Amezcua, F064904 (Cal. App. 2014):

"A trial court's exercise of discretion in admitting or excluding evidence is reviewable for abuse [citation] and will not be disturbed except on a showing the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice [citation]." (People v. Rodriguez (1999) 20 Cal.4th 1, 9-10.)

c. Analysis

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