On what grounds can a defendant's right to confrontation and cross-examination be challenged at trial?

California, United States of America

The following excerpt is from People v. Lopez, G054669 (Cal. App. 2018):

On the other hand, "The routine and proper application of state evidentiary law does not impinge on a defendant's due process rights. [Citation.] Additionally, 'reliance on Evidence Code section 352 to exclude evidence of marginal impeachment value . . . generally does not contravene a defendant's constitutional rights to confrontation and cross-examination.' [Citation.]" (People v. Riccardi (2012) 54 Cal.4th 758, 809-810, overruled on other grounds by People v. Rangel (2016) 62 Cal.4th 1192, 1216.) The confrontation clause "guarantees an opportunity for effective cross-examination, not cross-examination that is effective in whatever way, and to whatever extent, the defense might wish.' [Citation.]" (Riccardi, at p. 10.)

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