What is the test for allowing a defendant to present a defense?
California, United States of America
The following excerpt is from People v. Ware, A142909, A143109 (Cal. App. 2018):
matter, the '[a]pplication of the ordinary rules of evidence . . . does not impermissibly infringe on a defendant's right to present a defense.' " (People v. Fudge (1994) 7 Cal.4th 1075, 1102-1103.) Here, the court did not refuse to allow defendants to present a defense; the court just rejected " 'some evidence concerning the defense.' " (See id. at p. 1103.) There was no constitutional violation.
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