Does the exclusion of parental testimony in a criminal case affect the outcome of the trial?

California, United States of America


The following excerpt is from People v. Bui, E053538 (Cal. App. 2012):

Finally, the exclusion did not amount to a miscarriage of justice. Even if the court somehow erred by excluding parental testimony intended to favor a son's case, the cumulative evidence against defendant was of such magnitude that an outcome more favorable to him was highly improbable. (People v. Watson (1956) 46 Cal.2d 818, 836.) Defendant left the victims' house in the middle of the night after testing positive for drugs; the burglary appeared to an experienced law enforcement officer to have been committed by someone with access to the house; two unrelated eyewitnesses who knew him placed defendant at the house at the time of the burglary; one of the witnesses had seen him carrying an object similar to the stolen safe out of the house; and defendant's friends' testimony that he was with them in Las Vegas at the precise time of the burglary appeared less than credible.

The judgment is affirmed.

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