The following excerpt is from Murray v. Estelle, 996 F.2d 1226 (9th Cir. 1993):
In a habeas proceeding, the determination of whether the exclusion of evidence violated a defendant's due process rights involves a balancing test. Miller v. Stagner, 757 F.2d 988, 994, opinion amended 768 F.2d 1090 (9th Cir.1985). In weighing the importance of evidence offered by a defendant against the state's interest in exclusion, the court should consider: (1) the probative value of the evidence on the central issue, (2) its reliability, (3) whether it is capable of evaluation by the trier of fact, (4) whether it is the sole evidence on the issue or merely cumulative, and (5) whether it constitutes a major part of the attempted defense. Id. The court must also give due weight to the substantial state interest in excluding unreliable, confusing, or prejudicial evidence. Id. at 995.
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