California, United States of America
The following excerpt is from People v. Navarra, F071142 (Cal. App. 2017):
Nevertheless, it seems clearand the Attorney General does not disputethat if the trial court abused its discretion by admitting the evidence (a question we need not decide, but which seems virtually indisputable), defendant's constitutional rights were implicated by the error. (See, e.g., Kirby v. United States (1899) 174 U.S. 47, 55-56, 60-
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