Does a defendant have any authority for the proposition that the exclusion of testimony based upon the incompetence of the witness or the absence of foundation for the testimony?

California, United States of America


The following excerpt is from People v. Castaneda, S085348 (Cal. 2011):

Finally, defendant presents no legal authority for the proposition that the exclusion of testimony based upon the incompetence of the witness or the absence of a foundation for the testimony, or the exclusion of a misleading exhibit, violates a defendant's right to present mitigating evidence. As we have observed, "[t]he 'routine application of state evidentiary law does not implicate [a] defendant's constitutional rights.' [Citation.]" (People v. Hovarter (2008) 44 Cal.4th 983, 1010.)

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