Can the trial court prevent defendant from presenting his defense that he shot Nunez in self-defense?

California, United States of America


The following excerpt is from People v. Tellez, C077915 (Cal. App. 2019):

Neither the trial court nor the prosecution prevented defendant from presenting his defense that he shot Nunez in self-defense. The complete exclusion of evidence intended to establish an accused's defense may impair his right to due process, but exclusion of only some evidence, on a subsidiary point, does not interfere with that constitutional right. (People v. Cunningham (2001) 25 Cal.4th 926, 999.) Here, there was no complete exclusion but merely reasonable restriction placed on a search for evidence that may or may not have existed and may or may not have been of significance to defendant's case.

To the extent defendant means to suggest the recording requirement impeded the defense efforts, defense counsel not only failed to object, but initially agreed the requirement was fair, which forfeits any appellate challenge. (People v. Smith (2001) 24 Cal.4th 849, 852.) If defendant means to suggest the court erred in failing to lift the recording requirement at defense counsel's request in August 2014, defense counsel at

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