Can a defendant who assaulted his ex-partner during the course of her sexual assault trial deny her right to testify that he pushed her down the stairs and threatened her?

California, United States of America


The following excerpt is from People v. Vlahos-Schmidt, A133704 (Cal. App. 2013):

Defendant argues the trial court abused its discretion and violated her right to testify under Rock v. Arkansas (1987) 483 U.S. 44 when it ruled she could not testify that in November 2010 Lopata pushed her down the stairs and in March 2011 he threatened her, saying: "Your time is coming to an end, darling. You are going to get what you deserve." The trial court gave two reasons for excluding the evidence. First, the trial court indicated that provisions of state law on reciprocal discovery in criminal cases required defendant to: a) disclose to the prosecutor prior to trial that she intended to testify about the victim's prior assaultive and threatening behavior towards her, and (b) litigate the admissibility of such testimony prior to trial. Evidently, the evidence was excluded as a sanction for the perceived discovery violation.

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