Is there any case law in which a defendant is successful in his claim that the Defendant failed to properly evaluate the Defendant's evidence?
California, United States of America
The following excerpt is from People v. Mora, A136324 (Cal. App. 2016):
31. Defendant contends the trial court failed to evaluate this evidence pursuant to Evidence Code section 352, and thereby violated his due process rights. However, we decline to assume, in the absence of any evidence, that the trial court neglected its legal duty in this regard. (Ross v. Superior Court (1977) 19 Cal.3d 899, 913 [reviewing court must presume the trial court properly followed the law in the absence of contrary evidence].)
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