What is the test for determining which party has the better constitutional argument?

California, United States of America


The following excerpt is from People v. Rocha, 243 Cal.Rptr.3d 747, 32 Cal.App.5th 352 (Cal. App. 2019):

We need not determine which party has the better constitutional argument. "Our jurisprudence directs that we avoid resolving constitutional questions if the issue may be resolved on narrower grounds." ( Loeffler v. Target Corp. (2014) 58 Cal.4th 1081, 1102, 171 Cal.Rptr.3d 189, 324 P.3d 50.) Here, the issues may be resolved on narrower statutory grounds, as evidenced in Rodriguez , supra , 17 Cal.4th 253, 70 Cal.Rptr.2d 334, 949 P.2d 31.

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