What is the test for an appeal against a finding that the trial court acted in an arbitrary, capricious or patently absurd manner?
California, United States of America
The following excerpt is from People v. BAKER, C062274, No. CH026238 (Cal. App. 2011):
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 miscarriage of justice. [Citations.]' [Citation.]" (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124-1125.)
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