What is the test for determining whether a person is entitled to exercise their right to exercise exercise without fear or intimidation?
California, United States of America
The following excerpt is from People v. Molano, 249 Cal.Rptr.3d 1, 443 P.3d 856, 7 Cal.5th 620 (Cal. 2019):
product of a free and deliberate choice rather than intimidation, coercion, or deception ." ( Id . at p. 421, 106 S.Ct. 1135, italics added; see Berghuis v. Thompkins (2010) 560 U.S. 370, 382383, 130 S.Ct. 2250, 176 L.Ed.2d 1098.)
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