CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Effect of Erroneous Admission of Evid
.........In General
10 Cards On This Topic:

Effect of erroneous admission of evidence.

Miscarriage of justice rule grounded in Cal. Const., art. VI §13.

Reversal for erroneous admission requires objection and determination of miscarriage of justice.

Fed. Rules Evid. requires specific objection to preserve issue of erroneously admitted evidence.

As SC has not ruled that admission of irrelevant or overtly prejudicial evidence is DP violation warranting habeas writ, and under strict AEDPA standards, 9th Cir. cannot issue writ based on those claims here.

Any error in admitting E's testimony that D understood the difference between right and wrong when he killed V, over D's relevancy objection, was harmless error.

Admission of porno magazines found in D's bedroom, not particularly relevant to murder of child, was harmless error in light of overwhelming evidence of guilt.

Error to admit D's prior 1992 conviction under EC §352 where the incident was too factually dissimilar from the current charge against him; error prejudicial.

Admission of evidence of gang graffiti in D's bedroom, unrelated to any issue at trial, required reversal of conviction for grossly negligent discharge of a firearm.

Reversible error to admit evidence of D's poverty in aiding and abetting robbery trial.