Does the exclusion of defense evidence under rules that serve no legitimate purpose or that are disproportionate to the ends that they asserted to promote?

California, United States of America


The following excerpt is from People v. Ayala, B268699 (Cal. App. 2018):

the Constitution thus prohibits the exclusion of defense evidence under rules that serve no legitimate purpose or that are disproportionate to the ends that they are asserted to promote, well-established rules of evidence permit trial judges to exclude evidence if its probative value is outweighed by certain other factors such as unfair prejudice, confusion of the issues, or potential to mislead the jury. [Citations.] Plainly referring to rules of this type, we have stated that the Constitution permits judges 'to exclude evidence that is "repetitive . . . , only marginally relevant" or poses an undue risk of "harassment, prejudice, [or] confusion of the issues." ' " (Id. at pp. 326-327; People v. Gonzales (2012) 54 Cal.4th 1234, 1259.)

Other Questions


What is the current state of California Evidence Code section 356, which prohibits the use of "self-serving or self-serving" statements in evidence? (California, United States of America)
Does the exclusion of defense evidence on a minor or subsidiary point impair an accused's due process right to present a defense? (California, United States of America)
Can a defendant present a defense based on physical evidence that is inadmissible under the ordinary rules of evidence? (California, United States of America)
What is the current state of California Evidence Code section 356, which prohibits the use of "self-serving or self-serving" statements in evidence? (California, United States of America)
Can a defendant who pleaded guilty to a charge of assault and possession of a dangerous substance while still serving time served serve time served under a plea bargain? (California, United States of America)
What is the test for overturning a court's ruling on admitting or exclusion of evidence under section 352 of the Evidence Code? (California, United States of America)
Is exclusion of evidence intended to avoid prejudice or damage to a defense that naturally flows from relevant, highly probative evidence? (California, United States of America)
In what circumstances would the defense counsel have objected on the basis of evidence section 1523 of the secondary evidence rule? (California, United States of America)
Does the exclusion of a single item of marginally relevant evidence under California Evidence Code section 352 preclude a defendant from presenting his "consensual sexual relationship" defense? (California, United States of America)
Is exclusion of evidence designed to avoid prejudice or damage to a defense that naturally flows from relevant, highly probative evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.