What is the test for reversing a finding that a defendant who has been ordered to amend his application by a federal judge who found that the application was unenforceable because of the joinder effect?
California, United States of America
The following excerpt is from The People v. Heflin, E048495, Super.Ct.No. RIF139813 (Cal. App. 2010):
However, even if the ruling was correct when made, we must reverse if the defendant shows that joinder actually resulted in "gross unfairness," amounting to a denial of due process. (People v. Arias (1996) 13 Cal.4th 92, 127.)
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