Is there an adequate record to support a claim that third party testimony was coerced?

California, United States of America


The following excerpt is from People v. Ayala, 1 P.3d 3, 23 Cal.4th 225, 96 Cal.Rptr.2d 682 (Cal. 2000):

In People v. Badgett, supra, 10 Cal.4th 330, 351, 41 Cal.Rptr.2d 635, 895 P.2d 877, we stated that "if the issue is not litigated below because the defendant has been precluded by an erroneous ruling on standing from attempting to carry his burden of demonstrating that third party testimony is coerced, there will not be an adequate record for the appellate court to review." Defendant asserts that this error occurred in his case. But the record shows that the trial court gave him sufficient opportunity to show that Meza's testimony was coerced. Defense counsel was unable to establish any coercion in her examination of Meza, and in fact she established the opposite. The factual predicate of defendant's claim of constitutional error is faulty, and so the claim itself is unavailing.

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