What is the evidentiary test for abuse of a defendant's right to present a defense?
California, United States of America
The following excerpt is from People v. Dickson, B227053 (Cal. App. 2011):
"As a general matter, the ordinary rules of evidence do not impermissibly infringe on the accused's right to present a defense. Courts retain, moreover, a traditional and intrinsic power to exercise discretion to control the admission of evidence in the interests of orderly procedure and the avoidance of prejudice. [Citations.]" (People v. Hall (1986) 41 Cal.3d 826, 834.)
"'[E]vidence [must] be relevant under Evidence Code section 350, and its probative value [can]not be "substantially outweighed by the risk of undue delay, prejudice, or confusion" under Evidence Code section 352.' [Citation.]" (People v.
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Geier (2007) 41 Cal.4th 555, 581.) We review a trial court's evidentiary ruling for abuse of discretion when a defendant claims a violation of his right to present a defense. (People v. Prince (2007) 40 Cal.4th 1179, 1242.)
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