Can a defense witness exclude evidence that M. thought she might be pregnant?

California, United States of America


The following excerpt is from People v. Carbajal, C084752 (Cal. App. 2020):

Citing People v. Bautista (2008) 163 Cal.App.4th 762 (Bautista) and Evidence Code sections 352 and 782, the trial court ruled to exclude evidence that M. thought she might be pregnant. The trial court allowed that, "the [d]efense can go into the other aspects of her so-called runaway behavior, the reasons, school problems, problems with the family." The trial court also allowed the defense to elicit testimony that the witness had "gotten in trouble that weekend and she was very afraid to tell her parents about that trouble."

In keeping with the trial court's ruling, defendant's counsel had the following exchange with a defense witness:

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