What is the burden of proving that a witness was coerced at trial?

California, United States of America


The following excerpt is from People v. Sehmbey, F069142, F069567 (Cal. App. 2016):

405, 452-453.) Defendant bears the burden of showing how the coercion " 'directly impaired the free and voluntary nature of the ... testimony in the trial itself [citation] and impaired the reliability of the trial testimony [citation]." (Id. at p. 453, fn. omitted.)21 "On appeal, we independently review the entire record to determine whether a witness's testimony was coerced, so as to render the defendant's trial unfair. [Citation.]" (People v. Boyer, supra, 38 Cal.4th at p. 444.)

Other Questions


Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Can a defendant who does not have a written waiver allowing him to attend the criminal trial of a witness be present at the trial of the witness? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
When a witness at the preliminary hearing is unable to testify at trial, can the former witness be used at trial? (California, United States of America)
Is there any case law where a jury has concluded that a witness has a reasonable chance of proving that the witness is a reasonable witness? (California, United States of America)
What is the burden of proving that plaintiffs had the burden to prove allocation of the premiums? (California, United States of America)
What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)
Is there any case law that supports the argument that reducing the burden of burden on trial by reducing the length of time required for trial? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.