California, United States of America
The following excerpt is from People v. Loyd, 100 Cal.Rptr.2d 326 (Cal. App. 2000):
Defendant places great emphasis on the rule that where the prosecution is guilty of misconduct, the prosecutor bears the burden of demonstrating that the misconduct neither prejudiced the defendant nor created a "substantial threat of demonstrable prejudice." (Morrow v. Superior Court, supra, 30 Cal.App.4th at p. 1258, italics added.) Defendant asserts that the prosecutor failed to carry this burden. Again, we disagree. Although the prosecution undoubtedly bears the substantive burden of showing that its misconduct did not prejudice the defendant, a review of analogous cases establishes that where the content of the wrongfully obtained information is known to the defense, the defendant must point to some specific information capable of generating prejudice or a threat of prejudice.
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