Can a defendant present a defense based on physical evidence that is inadmissible under the ordinary rules of evidence?

California, United States of America


The following excerpt is from People v. Mantzouranis, F066125 (Cal. App. 2014):

"As a general matter, the ordinary rules of evidence do not impermissibly infringe on the accused's right to present a defense." (People v. Hall (1986) 41 Cal.3d 826, 834.) Here, appellant testified that he suffered a crushed pelvis in 1986 and that he has chronic arthritis in both hips, and he performed poorly on the one-legged-stand portion of the field sobriety testing because of his injuries. Thus, he was not prevented from presenting the portion of his defense that was based on his physical injuries. He was merely precluded from proving this part of his defense with hearsay evidence that was inadmissible under the ordinary rules of evidence. Therefore, the court's ruling did not violate appellant's constitutional due process rights.

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