What is the standard of review in a motion where a defendant is denied the opportunity to present a complete defense?

California, United States of America


The following excerpt is from People v. Davis, E065184 (Cal. App. 2017):

We now turn to the constitutional issue. We apply the de novo standard of review in examining whether defendant was precluded from presenting a defense such that the court violated defendant's constitutional right to present a complete defense. (People v. Quiroz (2013) 215 Cal.App.4th 65, 70.)

Other Questions


When reviewing a motion for a new trial, does the appellate court apply the standard of "abuse of discretion" in denying the motion? (California, United States of America)
In what circumstances will a defendant be denied the opportunity to present a defense? (California, United States of America)
What is the test for giving a defendant an opportunity to present a complete defense in a criminal case? (California, United States of America)
In what circumstances will the court grant a motion to review a motion denying a defendant's eligibility to stand trial? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the test for abuse of discretion in the context of a motion to review the decision of a trial court denying a defendant's motion to exclude victim impact evidence and uncharged misconduct in the case of Romero? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
Can a motion to deny a motion for judicial review be granted after a writ of appeal has been denied? (California, United States of America)
In reviewing a ruling on an anti-SLAPP motion, how do we review an order granting or denying a motion to strike under section 425.16 de novo? (California, United States of America)
Can a motion to reconsider a motion denying a defendant's motion to modify a $100,000 restitution fine be reconsidered? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.