What is the test for excluding evidence of an accused's defense?

California, United States of America


The following excerpt is from People v. Campbell, B231575 (Cal. App. 2012):

We further reject defendant's claim that he was deprived of his constitutional right to present a defense by virtue of the excluded evidence. "'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.] Although completely excluding evidence of an accused's defense theoretically could rise to this level . . . .'" (People v. Boyette (2002) 29 Cal.4th 381, 427-428; People v. Fudge (1994) 7 Cal.4th 1075, 1102-1103.)

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