What is the test for a defendant to present evidence in his defense?

California, United States of America


The following excerpt is from People v. Hernandez, A135426, A138001 (Cal. App. 2014):

A defendant has a right to present testimony of witnesses in his defense, subject to the condition that "a state court's application of ordinary rules of evidenceincluding the rule stated in Evidence Code section 352generally does not infringe upon this right." (People v. Cornwell (2005) 37 Cal.4th 50, 82, disapproved on other grounds in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 22.) Due process does not require that a court allow an accused to present evidence in the exact form, manner, and quantum the defense desires, and may properly preclude its use pursuant to Evidence Code section 352. (See People v. Babbitt (1988) 45 Cal.3d 660, 684.)

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