How have the courts treated the testimony of a defendant's daughter in a sexual assault case?

California, United States of America


The following excerpt is from People v. Miranda, E063695 (Cal. App. 2016):

Notwithstanding the above, the trial court correctly excluded the proposed testimony as a discovery sanction. (Taylor v. Illinois (1988) 484 U.S. 400, 409-410 [Adherence to standard rules of evidence may override a defendant's right to present relevant evidence in his defense].) The trial court had a reasonable basis for concluding that defendant's daughter's knowledge of the events of the day was known or readily accessible to the defense long before its disclosure to the prosecution. Having failed to offer an alternate explanation for the delay in disclosure, it is logical to presume that defendant was attempting to gain a tactical advantage over the prosecution. Moreover, defendant's daughter had a strong incentive to fabricate her testimony.

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