Does the exclusion of a single item of marginally relevant evidence under California Evidence Code section 352 preclude a defendant from presenting his "consensual sexual relationship" defense?
California, United States of America
The following excerpt is from People v. Corona, B232757 (Cal. App. 2012):
to present his "consensual sexual relationship" defense. The exclusion of a single item of marginally relevant evidence that may have buttressed his defense does not mean that he was precluded from presenting his defense. Rulings under Evidence Code section 352 do not ordinarily implicate due process. (People v. Falsetta (1999) 21 Cal.4th 903, 919-922; People v. Fitch (1997) 55 Cal.App.4th 172, 183.)
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