Does a defendant have a right to present a defense that would have excluded the testimony of Perkins?
California, United States of America
The following excerpt is from The People v. Brown, B221034, No. BA343335 (Cal. App. 2010):
On appeal, defendant contends that the trial court erred in excluding Perkins proposed testimony. He does not dispute that it would have been hearsay, but rather contends that under Lunbery v. Hornbeak (9th Cir. 2010) 605 F.3d 754, exclusion of the proposed testimony on the ground of hearsay violated his Sixth Amendment right to present a defense. He is incorrect.
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