Can a judge grant relief without issuing an order to show cause?
California, United States of America
The following excerpt is from In re Kidd, G045736, Super. Ct. No. 08HF1560 (Cal. App. 2012):
We accept respondent's concession as consent to grant relief without the issuance of an order to show cause (People v. Romero (1994) 8 Cal.4th 728) and agree "the court acts 'in excess of its jurisdiction' and imposes an 'unauthorized' sentence when it erroneously stays or fails to stay execution of a sentence under section 654." (People v. Scott, (supra) 9 Cal.4th at 354, fn. 17.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a fee order under review is ordered by a judge other than the trial judge, does the court have any discretion or authority to review the order? (California, United States of America)
What relief has been granted after the Court of Appeal found that an order discharging a writ of mandate was granted in error? (California, United States of America)
When a judge makes a judgment in a minute order, does the judge have to deliver the abstract in an oral order? (California, United States of America)
Can a judge grant a conditional new trial order in a case where the only issue litigated in the second trial was damages? (California, United States of America)
Can a trial judge order an ex parte viewing of a geographic location by a judge without the parties' consent? (California, United States of America)
Does the Attorney General's response conceding that petitioner has made a prima facie showing for relief from default constitute an agreement that the requested relief ought to be granted without further proceedings? (California, United States of America)
Can a trial judge grant a continuance for good cause even if a decision by the supervising or presiding judge was in error? (California, United States of America)
Can a habeas petition be denied without issuing an order of show cause? (California, United States of America)
In what circumstances will a judge order a motion to set aside a previous order in the administration of the same estate after the same order has become final? (California, United States of America)
Does the Attorney General oppose granting a petition to the Court of Appeal without the issuance of an order of show cause? (California, United States of America)
