What is the standard of review for the exclusion of evidence intended to establish an accused's defense?

California, United States of America


The following excerpt is from People v. Passineau, H036276 (Cal. App. 2012):

"Although 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. [Citation.] Accordingly such a ruling, if erroneous, is 'an error of law merely,' which is governed by the standard of review announced in People v. Watson (1956) 46 Cal.2d 818, 836."

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