Is a defendant's testimony pursuant to a rule of evidence?
California, United States of America
The following excerpt is from People v. Mickel, 2 Cal.5th 181, 211 Cal.Rptr.3d 601, 385 P.3d 796 (Cal. 2016):
defendant's testimony pursuant to a rule of evidence if "the interests served by [the] rule justify the limitation imposed on the defendant's constitutional right to testify." (Rock , at p. 56, 107 S.Ct. 2704.) We review a trial court's ruling to exclude evidence as irrelevant for abuse of discretion. (See People v. Clark (2011) 52 Cal.4th 856, 892, 131 Cal.Rptr.3d 225, 261 P.3d 243.)
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