Can the prosecution in a criminal case compel the defense to accept a stipulation that would deprive the state of its ability to present persuasive and forceful defense evidence?
California, United States of America
The following excerpt is from People v. Passineau, H036276 (Cal. App. 2012):
"The general rule is that the prosecution in a criminal case cannot be compelled to accept a stipulation if the effect would be to deprive the state's case of its persuasiveness and forcefulness. [Citations.]" (People v. Edelbacher (1989) 47 Cal.3d 983, 1007.) By the same token, the defense should not be compelled to accept a stipulation that would deprive the defense of its ability to present persuasive and forceful defense evidence.
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