What is the test for proving a defendant has met the initial burden of showing prejudice?
California, United States of America
The following excerpt is from The People v. Racz, B203267, No. BA320288 (Cal. App. 2010):
Whether a defendant has met the initial burden of showing prejudice is a question of fact that is reviewed on appeal under the substantial evidence standard. (People v. Dunn-Gonzalez, supra, 47 Cal.App.4th at p. 912, citing People v. Mitchell (1972) 8 Cal.3d 164, 167.)
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