What is the burden on a defendant to succeed in their constitutional claim?
California, United States of America
The following excerpt is from City of Los Angeles v. Superior Court, 124 Cal.Rptr.2d 202, 29 Cal.4th 1, 52 P.3d 129 (Cal. 2002):
To prevail on his constitutional claim, defendant carries a heavy burden. "The courts will presume a statute is constitutional unless its unconstitutionality clearly, positively, and unmistakably appears; all presumptions and intendments favor its validity." (People v. Falsetta (1999) 21 Cal.4th 903, 912-913, 89 Cal.Rptr.2d 847, 986 P.2d 182; see also
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