What is the test for refusing to allow two separate trials in a civil case involving allegations of illegal search and seizure?
California, United States of America
The following excerpt is from People v. Propp, 235 Cal.App.2d 619, 45 Cal.Rptr. 690 (Cal. App. 1965):
The court in exercising its discretion to refuse separate trials is not depriving defendants of due process of law. (See People v. Hidalgo (1961) 195 Cal.App.2d 843, 846-847, 16 Cal.Rptr. 312.) The interests of justice did not require that in this case two separate trials be had, involving the same evidence arising out of identical facts and circumstances.
3. Alleged Illegal Search and Seizure.
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