In what circumstances will a defendant be able to continue to defend against the charges against him?
California, United States of America
The following excerpt is from People v. Jones, 270 Cal.Rptr. 611, 51 Cal.3d 294, 792 P.2d 643 (Cal. 1990):
For all the foregoing reasons, we decline to follow the thesis of People v. Van Hoek, supra, 200 Cal.App.3d 811, 246 Cal.Rptr. 352, and its progeny that generic [51 Cal.3d 321] testimony deprives the defendant of a due process right to defend against the charges against him.
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