Is the exclusion of defense evidence a deprivation of due process?

California, United States of America


The following excerpt is from People v. Bessette, D069633 (Cal. App. 2017):

examination violated rights to confrontation, due process, and a fair trial rejected]; People v. Cunningham (2001) 25 Cal.4th 926, 999 [exclusion of defense evidence on a subsidiary point is not a deprivation of due process].)

Other Questions


Does the exclusion of defense evidence on a minor or subsidiary point impair an accused's due process right to present a defense? (California, United States of America)
Does exclusion of defense evidence on a minor or subsidiary point interfere with an accused's right to due process law? (California, United States of America)
Does the exclusion of a single item of marginally relevant evidence under California Evidence Code section 352 preclude a defendant from presenting his "consensual sexual relationship" defense? (California, United States of America)
Does the exclusion of evidence intended to establish an accused's defense on a minor or subsidiary point interfere with that accused's right to due process law? (California, United States of America)
Does exclusion of crucial defense evidence constitute a denial of due process? (California, United States of America)
Does the exclusion of irrelevant evidence deprive defendant of his right to present a defense? (California, United States of America)
Can the prosecution in a criminal case compel the defense to accept a stipulation that would deprive the state of its ability to present persuasive and forceful defense evidence? (California, United States of America)
Does the exclusion of evidence intended to establish a defense in a sexual assault case interfere with the accused's right to due process? (California, United States of America)
Is exclusion of evidence intended to avoid prejudice or damage to a defense that naturally flows from relevant, highly probative evidence? (California, United States of America)
Is exclusion of evidence designed to avoid prejudice or damage to a defense that naturally flows from relevant, highly probative 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.