What is the test for determining whether a defendant has been denied equal protection by the courts?
California, United States of America
The following excerpt is from People v. Baker, 10 Cal.5th 1044, 274 Cal.Rptr.3d 655, 480 P.3d 49 (Cal. 2021):
" "Comparative intercase proportionality review by the trial or appellate courts is not constitutionally required." " ( Potts , supra , 6 Cal.5th at p. 1061, 245 Cal.Rptr.3d 2, 436 P.3d 899.) A lack of such "review does not deny a defendant the constitutional right to equal protection." ( People v. Romero (2008) 44 Cal.4th 386, 429, 79 Cal.Rptr.3d 334, 187 P.3d 56.)
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