What is the test for exclusion of defense evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Davis, F068923 (Cal. App. 2015):

A trial court has broad discretion under Evidence Code section 352 to exclude evidence if its probative value is substantially outweighed by the probability its admission will either necessitate undue consumption of time, or create a substantial danger of undue prejudice, confusing the issues, or misleading the jury. The trial court retains broad power to control the presentation of evidence to prevent criminal trials from descending into nitpicking wars of attrition over collateral credibility issues. Rulings under Evidence Code section 352 are evaluated on appeal using the abuse of discretion standard. (People v. Riccardi (2012) 54 Cal.4th 758, 808-809.) Although Evidence Code

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section 352 must yield to a defendant's due process right to a fair trial and to present all significant probative evidence to his or her defense, the exclusion of defense evidence on a minor or subsidiary point does not interfere with that constitutional right. (People v. Cunningham (2001) 25 Cal.4th 926, 999.)

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