What is the test for admitting or denying evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Baker, F065476 (Cal. App. 2014):

As we have explained, there were clearly permissible inferences to draw from the evidence, which was properly admitted to impeach his credibility and prove the special allegations. Moreover, "the admission of evidence, even if erroneous under state law, results in a due process violation only if it makes the trial fundamentally unfair. [Citations.]" (People v. Partida, supra, 37 Cal.4th 428, 439, italics in original.) Given the nature of the admissible evidence in this case, defendant's trial was not fundamentally unfair and his due process rights were not violated.

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