What is the current state of the law on the defense theory that E.D. lied about the sexual molestation?
California, United States of America
The following excerpt is from People v. Gomez, 2d Crim. No. B251602 (Cal. App. 2015):
the defense theory that E. had lied about the sexual molestation. As discussed in United States v. Nobles (1975) 422 U.S. 225 [45 L.Ed.2d 141] "one cannot invoke the Sixth Amendment as a justification for presenting what might have been a half-truth." (Id., at p. 241 [45 L.Ed.2d at p. 155].)
Appellant's remaining arguments have been considered and merit no further discussion. The alleged errors were harmless, whether considered individually or collectively. (People v. Cunningham (2001) 25 Cal.4th 926, 1009.) Appellant was entitled to a fair trial, not a perfect one. (Ibid.) None of the purported errors, either singularly or cumulatively, denied him a fair trial. (People v. Jenkins (2000) 22 Cal.4th 900, 1056.)
The judgment is affirmed.
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