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."].)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.