Is it a violation of a defendant's Sixth Amendment right to confront witnesses during cross-examination?

California, United States of America


The following excerpt is from People v. Jackson, B222008 (Cal. App. 2011):

The right to confront witnesses is subject to reasonable judicial limitations. (People v. Brown (2003) 31 Cal.4th 518, 545.) Exclusion of evidence under Evidence Code section 352 does not generally violate a defendant's Sixth Amendment right to confrontation. (31 Cal.4th at p. 545.) Rather, such an application of state evidentiary law will violate a defendant's constitutional right only if the defendant can show that the " 'prohibited cross-examination would have produced "a significantly different impression of [the witnesses'] credibility." [Citation].' " (Id. at pp. 545-546.) Further "a defendant has no constitutional right 'to present all relevant evidence in his favor, no matter how limited in probative value such evidence will be so as to preclude the trial court from using Evidence Code section 352.' " (Shoemaker, supra, 135 Cal.App.3d at p. 450.)

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