What is the test for excluding a defendant from presenting a defense?

California, United States of America


The following excerpt is from People v. Moore, B237493 (Cal. App. 2012):

" 'As a general matter, the "[a]pplication of the ordinary rules of evidence . . . does not impermissibly infringe on a defendant's right to present a defense." [Citations.]' [Citation.]" (People v. McNeal (2009) 46 Cal.4th 1183, 1203.) Where the trial court does not preclude the defendant from presenting a defense but rejects some evidence concerning that defense, the error is reversible only if it has resulted in a miscarriage of justice. (Ibid.)

2. It Was Not an Abuse of Discretion to Exclude the Evidence

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