Can counsel for petitioner present evidence and make a reasonable argument in support of their position?

California, United States of America


The following excerpt is from Spector v. Superior Court of San Mateo County, 13 Cal.Rptr. 189, 361 P.2d 909, 55 Cal.2d 839 (Cal. 1961):

Refusal to permit counsel for petitioner to present evidence and make a reasonable argument in support of his client's position was not a mere error in procedure. It amounted to a deprival of a substantial statutory right and is not covered by article VI, section 4 1/2, of the Constitution. (People v. Sarazzawski, 27 Cal.2d 7, 17(13) et seq., 161 P.2d 934.)

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