Section 6.9 Appeals Involving Evidentiary Rulings

• Library: Evidence 2017

V. (§6.9) Appeals Involving Evidentiary Rulings

A trial court’s ruling regarding the admission or exclusion of evidence is reviewed for an abuse of discretion. State v. Anderson, 76 S.W.3d 275, 276 (Mo. banc 2002). An abuse of discretion exists only when the ruling “‘is clearly against the logic of the circumstances then before the trial court and is so unreasonable and arbitrary that the ruling shocks the sense of justice and indicates a lack of careful deliberate consideration.’” State v. Scurlock, 998 S.W.2d 578, 587 (Mo. App. W.D. 1999) (quoting Oldaker v. Peters, 817 S.W.2d 245, 250 (Mo. banc 1991)).

Further, the erroneous admission or exclusion of evidence will only justify reversal in a criminal case if the error was so prejudicial that the defendant was deprived of a fair trial. Anderson, 76 S.W.3d at 277. Prejudice exists when there is a reasonable probability that the verdict would have been different had the evidentiary ruling been correct. Scurlock, 998 S.W.2d at 587.

Similarly, an erroneous ruling in a civil case will only justify reversal if it materially affected the merits of the action. Rule 84.13(b); § 512.160.2, RSMo 2016; Richcreek v. Gen. Motors Corp., 908 S.W.2d 772, 778 (Mo. App. W.D. 1995). An erroneous evidentiary ruling justifies reversal when it prejudices the appellant or adversely affects the jury’s verdict. Babb v. Pfuehler, 944 S.W.2d 331, 336 (Mo. App. S.D. 1997).

The exclusion of proper evidence is presumed...