Is there a denial of due process or denial of fair trial under section 352 of the Evidence Code?

California, United States of America


The following excerpt is from People v. Line, F068487 (Cal. App. 2017):

Line argues that the collective impact of the trial court's Evidence Code section 352 rulings with respect to the above-enumerated categories of evidence, constituted a denial of due process. However, in this context, due process is violated when the trial court improperly applies Evidence Code section 352, leading to the denial of a fair trial. (People v. Dejourney (2011) 192 Cal.App.4th 1091, 1106.) Here, Line has not shown that the trial court improperly applied Evidence Code section 352, with respect to the specified categories of evidence, and, in turn, has failed to establish the denial of his rights to a fair trial and due process.8

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