Does section 851.8(b) of the California Code of Civil Procedure prohibit a finding of factual innocence "unless no reasonable cause exists"?
California, United States of America
The following excerpt is from People v. Nicholson, 2d Crim. No. B260063 (Cal. App. 2015):
(People v. Adair, supra, 29 Cal.4th at p. 905.) "The terms of section 851.8(b) - precluding a finding of factual innocence 'unless no reasonable cause exists' - impose an objective legal standard on both trial and appellate courts, and do not accommodate any exercise of discretion to which the appellate court should defer." (Id., at p. 908.)
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