Does a state court's application of ordinary rules of evidence generally infringe a defendant's general right to offer a defense through his or her witnesses?

California, United States of America


The following excerpt is from People v. Smith, D067220 (Cal. App. 2015):

"[A] state court's application of ordinary rules of evidenceincluding the rule stated in Evidence Code section 352generally does not infringe upon" a defendant's "general right to offer a defense through the testimony of his or her witnesses." (People v. Cornwell (2005) 37 Cal.4th 50, 82, overruled on other grounds in People v. Doolin

Page 15

(2009) 45 Cal.4th 390, 421, fn. 22; People v. Fudge (1994) 7 Cal.4th 1075, 1102-1103 ["Although completely excluding evidence of an accused's defense theoretically could rise to [the level of impermissibly infringing on a defendant's right to present a defense], excluding defense evidence on a minor or subsidiary point does not impair an accused's due process right to present a defense."].)

Other Questions


Does a state court's application of the ordinary rules of evidence violate the federal constitutional right to present a complete defense? (California, United States of America)
Does application of the ordinary rules of evidence violate a defendant's constitutional right to present a defense? (California, United States of America)
Does application of the ordinary rules of evidence violate a defendant's constitutional right to present a defense? (California, United States of America)
Does the application of "ordinary rules of evidence" such as section 352 of California Evidence Code section 352 violate a defendant's constitutional rights? (California, United States of America)
How does the Court of Appeal review a trial court's ruling to admit evidence over defendant's objection based on evidence section 352? (California, United States of America)
Does Defendant have any grounds to argue that the Court's recent rulings in a civil case against the Defendant violated the Defendant's civil rights? (California, United States of America)
Can a defendant present a defense based on physical evidence that is inadmissible under the ordinary rules of evidence? (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)
Does the ordinary application of the rules of evidence violate a defendant's constitutional rights? (California, United States of America)
Does a state court evidentiary rule bar a defendant in a death penalty case from presenting a defense where the prosecution introduces evidence that supports a guilty verdict? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.