What is the burden of proof related to errors that have been disapproved on other grounds?

California, United States of America


The following excerpt is from People v. Smith, 155 Cal.App.3d 1103, 203 Cal.Rptr. 196 (Cal. App. 1984):

5 The burden of proof related errors in People v. Serrato (1973) 9 Cal.3d 753, 766-767, 109 Cal.Rptr. 65, 512 P.2d 289, disapproved on other grounds in People v. Fosselman (1983) 33 Cal.3d 572, 583, footnote 1, 189 Cal.Rptr. 855, 659 P.2d 1144, and People v. Takencareof (1981) 119 Cal.App.3d 492, 497-500, 174 Cal.Rptr. 112, are sufficiently different that they need not be further examined in our determination of whether the error involved in our case is reversible.

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