Does a defendant have a general right to offer a defense through the testimony of his or her witnesses?

California, United States of America


The following excerpt is from People v. O'Malley, 199 Cal.Rptr.3d 1, 365 P.3d 790, 62 Cal.4th 944 (Cal. 2016):

"A defendant has the general right to offer a defense through the testimony of his or her witnesses [citation], but a state court's application of ordinary rules of evidence ... generally does not infringe upon this right [citations]." (People v. Cornwell (2005) 37 Cal.4th 50, 82, 33 Cal.Rptr.3d 1, 117 P.3d 622, disapproved on another point in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 22, 87 Cal.Rptr.3d 209, 198 P.3d 11.) "[T]he Constitution leaves to [state trial court] judges ... 'wide latitude' to exclude evidence that is 'repetitive ..., only marginally relevant' or poses an undue risk of 'harassment, prejudice, [or] confusion of the issues.' " (

[62 Cal.4th 996]

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