What is the current state of the law regarding the exclusion of defense evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Wilson, B260990 (Cal. App. 2016):

clear beyond a reasonable doubt that a rational jury would have reached the same verdict absent the error.' [Citation.]" (People v. Livingston (2012) 53 Cal.4th 1145, 1159.)

"'As a general matter, the ordinary rules of evidence do not impermissibly infringe on the accused's right to present a defense.'" (People v. Blacksher (2011) 52 Cal.4th 769, 821.) Thus, "[a]lthough the complete exclusion of evidence intended to establish an accused's defense may impair his or her right to due process of law, the exclusion of defense evidence on a minor or subsidiary point does not interfere with that constitutional right." (People v. Cunningham (2001) 25 Cal.4th 926, 999.)

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