What is the burden of proof against the prosecution on issues on attenuation?
California, United States of America
The following excerpt is from People v. Jones, B255728 (Cal. App. 2015):
The prosecution bears the burden of proof on issues on attenuation. (People v. Boyer, supra, 38 Cal.4th at p. 449.) Here, these issues were not litigated below. "[W]e may nonetheless resolve such issues on appeal, even if not explicitly litigated below, if their factual bases are fully set forth in the record. [Citations.]" (Ibid.) Since respondent urges us to decide these issues on appeal, we presume that the record is complete.
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