What is the test for denying defendant a right to present his defense in a civil case?

California, United States of America


The following excerpt is from People v. Mehserle, 142 Cal.Rptr.3d 423, 206 Cal.App.4th 1125 (Cal. App. 2012):

We reject defendant's contention he was denied his right to present his defense. Generally, the exclusion of evidence on a minor or subsidiary point does not interfere with that constitutional right. ( People v. Cunningham (2001) 25 Cal.4th 926, 999, 108 Cal.Rptr.2d 291, 25 P.3d 519.) Moreover, the record shows that defendant had ample ability and opportunity to present copious evidence, including his own testimony and that of experts, on his defense that he accidentally mistook his handgun for his taser.

[206 Cal.App.4th 1155]

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