If defendant has no right to present the evidence at trial, has he not established a violation of his right to a fair trial?
California, United States of America
The following excerpt is from People v. Linares, E068808 (Cal. App. 2019):
Having no right to present the evidence, defendant has not established a violation of his right to a fair trial, either. The "'routine application of state evidentiary law does not implicate [a] defendant's constitutional rights.'" (People v. Hovarter (2008) 44 Cal.4th 983, 1010, quoting People v. Brown (2003) 31 Cal.4th 518, 545.)
The court did not abuse its discretion in excluding the self-serving hearsay.
"The most advanced legal research software ever built."
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.
Other Questions
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)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Does defendant's voluntary absence operate to waive his constitutional right to be present at trial and permitted continuation of the trial? (California, United States of America)
Does a capital defendant have to waive his right to be present at a trial where evidence is taken before the trier of fact? (California, United States of America)
When a defendant waives his right to be present at trial by refusing to leave the courtroom, does he have a right to remain in the courtroom? (California, United States of America)
When a defendant waives his right to be present at trial during the taking of evidence, can he show error of constitutional dimension? (California, United States of America)
Can a defendant waive section 190.1(b) of the California Statutory Right to be present at trial during the taking of evidence? (California, United States of America)
Can a defendant in a civil case who is seeking personal representation at trial be denied the right to be personally present at trial? (California, United States of America)
Does defendant's voluntary absence operate to waive his constitutional right to be present at trial and permitted continuation of the trial? (California, United States of America)
Can a defendant waive his right to be present at trial when evidence is not taken? (California, United States of America)
