What is the effect of Proposition 8 on the trial of a defendant who is charged with a range of sexual assault offences?
California, United States of America
The following excerpt is from Williams v. Superior Court, 204 Cal.Rptr. 700, 36 Cal.3d 441, 683 P.2d 699 (Cal. 1984):
Furthermore, Proposition 8 cannot even be applied to the trial of this case because the offenses were committed prior to the adoption of that new provision, and we recently held that Proposition 8 will not be applied retroactively. (People v. Smith (1983) 34 Cal.3d 251, 257-263, 193 Cal.Rptr. 692, 667 P.2d 149.)
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