Does a defendant have a constitutional right to continue to present a defense in a sexual assault case?
California, United States of America
The following excerpt is from People v. Rodriguez, 20 Cal.4th 1, 82 Cal.Rptr.2d 413, 971 P.2d 618 (Cal. 1999):
2 To the extent defendant may be understood to raise a constitutional challenge to the trial court's ruling, such a challenge would lack merit. (See People v. Cudjo (1993) 6 Cal.4th 585, 611, 25 Cal.Rptr.2d 390, 863 P.2d 635 [application of ordinary rules of evidence generally does not impermissibly infringe on an accused's right to present a defense].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a defendant's claim that the exclusion of evidence in the trial of a defendant in a sexual assault case violated his federal constitutional right to present a defense? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
In a sexual assault case, is a defendant more culpable in committing two acts of sodomy than if they committed only one act of sexual assault? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
When testifying in a sexual assault case, does the use of the word "sex" by the victims constitute sufficient evidence for the purposes of sexual arousal or sexual gratification? (California, United States of America)
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
What is the constitutional right of a defendant in a sexual assault case to cross-examine the witness? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
In a sexual assault case, is there any evidence that the victim was afraid of defendant prior to the sexual assault in her bedroom or on the living room couch? (California, United States of America)
