Does a defendant have a right to present testimony of witnesses in his defense?

California, United States of America


The following excerpt is from People v. Garcia, B236196 (Cal. App. 2013):

A defendant has a right to present testimony of witnesses in his defense, subject to the condition that "a state court's application of ordinary rules of evidence -- including the rule stated in Evidence Code section 352 -- generally does not infringe upon this right." (People v. Cornwell (2005) 37 Cal.4th 50, 82, disapproved on other grounds in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 22.) Due process does not require that a court allow an accused to present evidence in the exact form, manner and quantum the defense desires, and may properly preclude its use pursuant to Evidence Code section 352. (See People v. Babbitt (1988) 45 Cal.3d 660, 684.)

Other Questions


Is a defendant's right to present a defense through the testimony of his or her witnesses valid? (California, United States of America)
Does a rejection of some evidence concerning the defense affect a defendant's right to present his defense? (California, United States of America)
Does a defendant have a general right to offer a defense through the testimony of his or her witnesses? (California, United States of America)
What is a defendant's right to present his own witnesses in his own defense? (California, United States of America)
If the prosecution seeks to prove a prior conviction by presenting evidence against a person who is not a defendant in a civil case, can the prosecution rely on the testimony of a witness not in the witness box? (California, United States of America)
What is the test for a defendant's claim that the exclusion of evidence in the trial of a defendant in a sexual assault case violated his federal constitutional right to present a defense? (California, United States of America)
Does a defendant have a right to present a defense that would have excluded the testimony of Perkins? (California, United States of America)
When will a jury consider the credibility of a defendant's extrajudicial statements against trial testimony and the physical evidence and testimony of witnesses? (California, United States of America)
Does a defendant have the right to present their own defense? (California, United States of America)
Does a defendant have a right to confront and cross-examine witnesses presenting contested hearsay evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.