Chapter 6 - §5. Ruling

JurisdictionUnited States

§5. Ruling

§5.1. Discretionary. Generally, a court's decision to exclude evidence under Evid. C. §352 is discretionary. In a joint criminal trial, however, the court's discretion may be prohibited by a codefendant's due-process right. See "Codefendants," ch. 6, §2.2.3(2).

§5.2. Review of evidence. Before making a ruling under Evid. C. §352, the court should review the evidence being objected to. People v. Holford (3d Dist.2012) 203 Cal.App.4th 155, 174; see People v. Diaz (4th Dist.2014) 227 Cal. App.4th 362, 379. The nature of the discretion under Evid. C. §352 requires that the court's decision be an informed one and not a "shot in the dark." Holford, 203 Cal.App.4th at 174. Thus, admitting or excluding evidence without reviewing it may be considered an abuse of discretion. Id. No abuse of discretion occurs, however, if the court's decision is accurately informed by other means, such as by an offer of proof. E.g., id. (court did not abuse its discretion by permitting 25-minute video of child pornography to be shown to...

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