Is a father's failure to restrict his son's testimony prejudicial?

California, United States of America


The following excerpt is from In Re VINCENT M., No. DP001021, No. H034767 (Cal. App. 2010):

Furthermore, the father has failed to show prejudice. He asserts: "This error was clearly prejudicial, since it is impossible to determine what would have been revealed had testimony not been restricted...." "The burden is on the appellant in every case to show that the claimed error is prejudicial" (Cucinella v. Weston Biscuit Co. (1954) 42 Cal.2d 71, 82), and prejudice must be demonstrated on the record (Evid. Code, 354). The father cannot absolve himself of this burden by simply claiming that it is an impossible

Page 10

Other Questions


Is a judge's examination of certain witnesses' testimony prejudicial or prejudicial? (California, United States of America)
What is the "necessity" test for determining whether a restriction or restriction on a prisoner's constitutional rights is restrictive enough to be struck down? (California, United States of America)
Is there any case law in which a defendant was successful in admitting evidence that prejudicial testimony from a prosecution expert was prejudicial? (California, United States of America)
Is a prosecutor's failure to demonstrate that juror 4845 was not excluded because of group bias prejudicial per se prejudicial? (California, United States of America)
Does the trial court abuse its discretion when it denied a defendant's motion to exclude the testimony of Page 35 of the Defendant's lawyer as more prejudicial than probative? (California, United States of America)
When will a jury consider the credibility of a defendant's extrajudicial statements against trial testimony and the physical evidence and testimony of witnesses? (California, United States of America)
Does the biological father of a child who was adopted by his ex-wife have to provide notice of the adoption proceedings to his biological father? (California, United States of America)
Is a failure to instruct on accomplice testimony harmless? (California, United States of America)
Does the failure to conduct a timely inquiry into juror misconduct constitute prejudicial error? (California, United States of America)
Is a failure to readvise an unrepresented defendant of their right to counsel under section 987, subdivision (a) prejudicial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.