What is the legal test for restraining a witness in an assault case?
California, United States of America
The following excerpt is from People v. Mackey, 182 Cal.Rptr.3d 401, 233 Cal.App.4th 32 (Cal. App. 2015):
The instruction was patterned on CALCRIM No. 337. And according to the Bench Notes to CALCRIM No. 337 , the court had a sua sponte duty to give this instruction if the witness was physically restrained in a manner that was visible to the jury. (See People v. Duran (1976) 16 Cal.3d 282, 291292, 127 Cal.Rptr. 618, 545 P.2d 1322 (Duran ).) The rules articulated in Duran
[182 Cal.Rptr.3d 468]
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