California, United States of America
The following excerpt is from The People v. Ford, A126450, Super. Ct. No. 05-080450-0 (Cal. App. 2010):
"A defendant has the general right to offer a defense through the testimony of his or her witnesses [citation], but a state court's application of ordinary rules of evidence including the rule stated in Evidence Code section 352generally does not infringe upon this right [citations]." (People v. Cornwell (2005) 37 Cal.4th 50, 82, disapproved on other grounds in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 22.) The right to present a defense is, however, implicated when Evidence Code section 352 operates to exclude "evidence of vital or significant probative value" to the defense. (People v. Cornwell, at p. 82.; see also People v. Burrell-Hart (1987) 192 Cal.App.3d 593, 599 ["Evidence Code section 352 must bow to the due process right of a defendant to a fair trial and his right to present all relevant evidence of significant probative value to his defense" (italics added)].)
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