What is the test for determining whether a defendant has suffered a fundamental due process violation rendering the trial fundamentally unfair?
California, United States of America
The following excerpt is from People v. Duenas, C075348 (Cal. App. 2018):
However, defendant fails to identify any due process violation rendering the trial fundamentally unfair, and so the appropriate standard is whether it is reasonably probable that defendant would have obtained a better result but for the error. (People v. Watson (1956) 46 Cal.2d 818.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the Court reject appellant's assertion that expert testimony at trial violated his due process rights and rendered his trial fundamentally unfair? (California, United States of America)
What is the test for determining whether a trial court's decision to restrain a defendant violates federal due process rights? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
What is the legal test for determining whether a sentencing error violated a defendant's due process? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a single violation or multiple violation was committed by a defendant in a sexual assault case? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
What is the test for determining whether a defendant suffered prejudice as a result of failing to grant a new trial? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
Does a denial of a motion to set a date for trial violate a defendant's right to a jury trial and due process? (California, United States of America)
