How have courts treated an affidavit that was deemed to be without permission?
California, United States of America
The following excerpt is from People v. Howard, 1 Cal.4th 1132, 5 Cal.Rptr.2d 268, 824 P.2d 1315 (Cal. 1992):
7 Compare People v. Motton, supra, 39 Cal.3d at page 605, 217 Cal.Rptr. 416, 704 P.2d 176 (court labeled affidavit filed by defense as "filed without permission," sought no opposition, and affirmatively indicated that it took "no action" on the affidavit).
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