What is the test for a defendant's claim that the evidence that was admitted and/or admitted to the trial was unconstitutional?

California, United States of America


The following excerpt is from People v. Kelso, A147691 (Cal. App. 2018):

Finally, we reject appellant's claim that the evidence that was admitted was so pervasive and so infected the trial with unfairness as to deprive him of his constitutional right to a fair trial and due process of law. "The 'routine application of state evidentiary law does not implicate [a] defendant's constitutional rights.' [Citation.] As [appellant] provides no elaboration or separate argument for these constitutional claims, we decline to address further these boilerplate contentions." (People v. Hovarter (2008) 44 Cal.4th 983, 1010.)

The judgment is affirmed.

Page 17

/s/_________
McGuiness, Acting P.J.*

We concur:

/s/_________
Siggins, J.

/s/_________
Jenkins, J.

Footnotes:

1. All further statutory references are to the Penal Code unless otherwise stated.

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