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.)
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