Does a misapplication of evidence code section 352 constitute a violation of the Sixth Amendment?

California, United States of America

The following excerpt is from In re B.H., No. C060827 (Cal. App. 5/17/2010), No. C060827. (Cal. App. 2010):

Further, a misapplication of Evidence Code section 352, a state law violation, does not equate to a Sixth Amendment violation: "`[U]nless the defendant can show that the prohibited cross-examination would have produced "a significantly different impression of [the witnesses'] credibility" [citation], the trial court's exercise of its discretion in this regard does not violate the Sixth Amendment.' [Citation.]" (People v. Hillhouse (2002) 27 Cal.4th 469, 494 (Hillhouse).)

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