Can a judge other than the original judge review the record to reach a determination in a criminal case?

California, United States of America


The following excerpt is from L.A. Cnty. Dep't of Children & Family Servs. v. J.E. (In re Alexandria P.), 1 Cal.App.5th 331, 204 Cal.Rptr.3d 617 (Cal. App. 2016):

determination. That was never our intent. Principles of appellate review constrain the appellate courts from making credibility determinations through transcripts alone. (In re Marriage of Smith (1990) 225 Cal.App.3d 469, 494, 274 Cal.Rptr. 911.) But there is no bar to a judge reviewing the record to reach a determination, even in a criminal case. (See, e.g., People v. Collins (2010) 49 Cal.4th 175, 257258, 110 Cal.Rptr.3d 384, 232 P.3d 32 [not a denial of due process for a judge other than the original trial judge to review the record and rule on a motion under Penal Code section 190.4, subdivision (c), for an automatic application to modify a death penalty verdict].)

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