What is the test for determining whether a defendant obtained a fair and impartial trial?
California, United States of America
The following excerpt is from People v. Quinlan, 8 Cal.App.3d 1063, 88 Cal.Rptr. 125 (Cal. App. 1970):
5 As the above analysis shows, this court has, in conformity with Sheppard v. Maxwell (1966) 384 U.S. 333, 362, 86 S.Ct. 1507, 16 L.Ed.2d 600, made an independent examination of the circumstances and that it has satisfied itself, de novo, on all the exhibits and affidavits and on the testimony, that defendant did obtain a fair and impartial trial.
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