CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Effect of Erroneous Admission of Evid
.........Miscarriage of Justice Test
9 Cards On This Topic:

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

Miscarriage of justice occurs if result more favorable would occur without the error.

Harmless error to admit single hearsay statement on tangential matter at penalty phase of long trial as no reasonable probability exclusion of testimony would have made a difference in outcome.

Closeness of case affects miscarriage of justice.

Fact defense E had not personally examined P did not preclude him from testifying as to her mental capacity where adequate foundation laid and erroneous ruling left jury with only P's expert testimony that she was retarded.

D failed to carry Watson burden in arguing court erred in admitting 7 Ws' testimony about his prior bad acts where his cellmate's testimony that covered most and the worst of his bad acts was admitted without objection.

At shoplifting trial, reversible error to allow DA's evidence that D engaged in prior shoplifting where D never placed his credibility in issue and evidence also not admissible to impeach his out-of-court stmt. as DA raised it.

As general rule, prejudice not presumed.

Manager's saying "no" as to whether he'd ever been robbed before while loading his car with swap meet proceeds too trivial to resolve: even if irrelevant, no conceivable prejudice.