What is the test for a motion seeking exclusion of notes from a jury in a motor vehicle accident case?
MultiRegion, United States of America
The following excerpt is from Kirk v. Felker, No. CIV S-07-2521 GEB GGH P (E.D. Cal. 2011):
was granted or denied. If it was granted, defendant would be set free. If denied, defendant could point the finger of blame at the foreman. If the notes had been excluded, it would have removed the evidentiary basis of defendant's only viable defense.
People v. Kirk, supra, at *3.
The logic of the appellate court is inescapable, and the undersigned need not further elaborate.
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