Can a defendant argue on appeal that due process required exclusion of evidence?
California, United States of America
The following excerpt is from People v. Young, D071430 (Cal. App. 2017):
428, 435 [a defendant "may not argue on appeal that due process required exclusion of the evidence for reasons other than those articulated in his Evidence Code section 352 argument"].) Even if we were to overlook the forfeiture, we conclude "the constitutionality of [Evidence Code] section 1109 under the due process clauses of the federal and state constitutions has now been settled." (People v. Jennings (2000) 81 Cal.App.4th 1301, 1310.)
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