Is a defendant's right to present a defense through the testimony of his or her witnesses valid?

California, United States of America


The following excerpt is from The People v. Ford, A126450, Super. Ct. No. 05-080450-0 (Cal. App. 2010):

"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 including the rule stated in Evidence Code section 352generally does not infringe upon this right [citations]." (People v. Cornwell (2005) 37 Cal.4th 50, 82, disapproved on other grounds in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 22.) The right to present a defense is, however, implicated when Evidence Code section 352 operates to exclude "evidence of vital or significant probative value" to the defense. (People v. Cornwell, at p. 82.; see also People v. Burrell-Hart (1987) 192 Cal.App.3d 593, 599 ["Evidence Code section 352 must bow to the due process right of a defendant to a fair trial and his right to present all relevant evidence of significant probative value to his defense" (italics added)].)

Other Questions


Does a defendant have a right to present testimony of witnesses in his defense? (California, United States of America)
If the prosecution seeks to prove a prior conviction by presenting evidence against a person who is not a defendant in a civil case, can the prosecution rely on the testimony of a witness not in the witness box? (California, United States of America)
Does a rejection of some evidence concerning the defense affect a defendant's right to present his defense? (California, United States of America)
What is a defendant's right to present his own witnesses in his own defense? (California, United States of America)
Does a defendant have a right to present a defense that would have excluded the testimony of Perkins? (California, United States of America)
What is the test for a defendant's claim that the exclusion of evidence in the trial of a defendant in a sexual assault case violated his federal constitutional right to present a defense? (California, United States of America)
Does a defendant have a general right to offer a defense through the testimony of his or her witnesses? (California, United States of America)
When will a jury consider the credibility of a defendant's extrajudicial statements against trial testimony and the physical evidence and testimony of witnesses? (California, United States of America)
Is intimidation of defense witnesses violative of a defendant's compulsory-process right? (California, United States of America)
Does a defendant have a right to confront and cross-examine witnesses presenting contested hearsay 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.