What is the test for determining whether a defendant is bound by a rule of criminal procedure?

California, United States of America


The following excerpt is from Joseph G., In re, 7 Cal.App.3d 695, 87 Cal.Rptr. 25 (Cal. App. 1970):

"Each * * * rule of criminal procedure has its own distinct functions, its own background of precedent, and its own impact on the administration of justice, and the way in which these factors combine must inevitably vary with the dictate involved." (Citing Johnson v. New Jersey, 384 U.S. 719, 728, 86 S.Ct. 1772, 16 L.Ed.2d 882.)

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