What is the current state of the law on the application of ordinary rules of evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. GARCIA, F059168, Super. Ct. No. VCF217534 (Cal. App. 2011):

"As a general matter, the '[application of the ordinary rules of evidence ... does not impermissibly infringe on a defendant's right to present a defense.' [Citations.] Although completely excluding evidence of an accused's defense theoretically could rise to this level, excluding defense evidence on a minor or subsidiary point does not impair an accused's due process right to present a defense. [Citation.]" (People v. Fudge, supra, 7 Cal.4th at pp. 1102-1103.)

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