What is the test used to determine whether a defendant has been denied access to his own evidence?
MultiRegion, United States of America
The following excerpt is from Burgess v. Gomez, 981 F.2d 1257 (9th Cir. 1992):
We use a balancing test to determine whether due process has been violated by the exclusion of a defendant's proffered evidence. Perry v. Rushen, 713 F.2d 1447, 1450 (9th Cir.1983), cert. denied, 469 U.S. 838 (1984). We must balance the importance of the evidence to the defense against the state's interest in exclusion. In Perry, we described this task as follows:
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