What is the test for excluding relevant evidence in a sexual assault case?
California, United States of America
The following excerpt is from People v. Pollak, 2d Crim. No. B286913 (Cal. App. 2019):
Because appellant did not show that the excluded evidence was relevant, the trial court did not abuse its discretion. "Only relevant evidence is admissible. (Evid. Code, 350.)" (People v. Brady (2010) 50 Cal.4th 547, 558.) We therefore need not consider whether, if the evidence were relevant, the trial court would have abused its discretion by excluding it pursuant to Evidence Code section 352.
Appellant argues that the trial court's evidentiary ruling deprived him of his Sixth Amendment right to confront witnesses against him. Appellant was not so deprived because the evidence excluded was not relevant to T.R.'s credibility. (See People v. Prince (2007) 40 Cal.4th 1179, 1243.)
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The judgment is affirmed.
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