California, United States of America
The following excerpt is from People v. Phillips, 222 Cal.Rptr. 127, 41 Cal.3d 29, 711 P.2d 423 (Cal. 1985):
We therefore conclude that the illegible aspects of exhibits 19 and 20 did not create any "inference of speculation or unfairness" (People v. Demery, supra, 104 Cal.App.3d at p. 559, 163 Cal.Rptr. 814), that may have adversely affected their authentication under Evidence Code section 1400. Nor did their admission unduly prejudice defendant under Evidence Code section 352 as a result of their illegibility. In failing to object to the admission of the letters on this ground, defendant's trial counsel did not deny defendant effective assistance of counsel. The letters were therefore properly admitted as relevant to the issue of other criminal activity under former section 190.3, subdivision (b).
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