United States v. Evans - 728 F.3d 953 (9th Cir. 2013)

Rule:

Courts have found violations of the constitutional right to present a defense where the district court incorrectly excluded evidence that was necessary for the defendant to refute a critical element of the prosecution's case.

Facts:

In two separate cases, the government charged defendant Joseph Anderson Evans, Sr., with being an alien in the United States after deportation, as well as misrepresenting his identity and citizenship to fraudulently obtain supplemental social security benefits, acquire food stamps, make a claim of citizenship, and apply for a passport. Defendant's primary defense to all of the charges was that he was a citizen of the United States, and his primary evidence in support of his defense was a delayed birth certificate issued by the State of Idaho. In a pre-trial ruling, the district court excluded the birth certificate on the ground that it was "substantively fraudulent." Defendant was subsequently convicted of all charges in both cases. Defendant challenged the decision. 

Issue:

Under the circumstances, did the district court properly exclude defendant’s birth certificate? 

Answer:

No.

Conclusion:

The court held that the district court erred in concluding that the birth certificate was inadmissible under Fed. R. Evid. 403 because this was a question of fact for the jury. According to the court, the exclusion of the birth certificate violated defendant's Fifth Amendment right to present a defense; thus, reversal was required because the government did not establish that the error was harmless beyond a reasonable doubt.