Can a defendant make a derivative due process assertion under section 352 of the California Code of Civil Procedure?
California, United States of America
The following excerpt is from People v. Menzies, C074987 (Cal. App. 2015):
Defendant's derivative due process assertion likewise fails. (See People v. Dejourney (2011) 192 Cal.App.4th 1091, 1104 [due process assertion necessarily depends on whether the trial court sufficiently and properly evaluated the proffered evidence under 352].) Here, we have concluded the impeachment evidence was properly admitted under section 352, and defendant has not shown that the circumstances
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