What is the test for a defendant's claim that he was denied due process of law?

California, United States of America


The following excerpt is from Enterprise Ins. Co. v. Mulleague, 196 Cal.App.3d 528, 241 Cal.Rptr. 846 (Cal. App. 1987):

Defendant contends that he was denied due process of law. He first asserts that it is a denial of due process to render a decision without evidence or on the basis of evidence received out of court. (See Gimbel v. Laramie (1960) 181 Cal.App.2d 77, 85-86, 5 Cal.Rptr. 88.) As defendant's cited authority recognizes, and we have already held, the objection has been waived by counsel's consent to the procedure followed. (Ibid.) Defendant asserts the procedure was a sham, citing the objections we have already resolved. Since we have rejected each of defendant's assertions of procedural error individually, those assertions do not cumulatively support a finding of a violation of due process of law.

[196 Cal.App.3d 541]

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