Does the record on appeal include all of the evidence considered by the trial court, specifically the court investigator's reports?
California, United States of America
The following excerpt is from Conservatorship the Pers. of Brandon S. Kimberly H. v. Southern, F067126 (Cal. App. 2014):
The record on appeal did not include all of the evidence considered by the trial court, specifically the court investigator's reports. Therefore, we are "compelled to assume that in the evidence adduced at the trial there was substantial evidence to support the findings." (Crowell v. Braly (1959) 169 Cal.App.2d 352, 354.)
"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
How does the Court of Appeal review a trial court's ruling to admit evidence over defendant's objection based on evidence section 352? (California, United States of America)
On appeal, can the court conduct an independent review of the transcript of the in camera hearing and the records reviewed by the trial court to determine whether any records were improperly withheld? (California, United States of America)
Can a defendant who agrees to a specific sentence at trial be successful in appealing against the specific sentence imposed by the trial court? (California, United States of America)
What are the findings of the trial court on a motion for a new trial where a jury was not adversely affected by an audio recording that was secretly recorded during jury deliberations? (California, United States of America)
Does Defendant have a reciprocal obligation to disclose all relevant evidence obtained before trial, including rebuttal evidence it intends to use at trial? (California, United States of America)
Will questions relating to the admissibility of evidence be reviewed on appeal in the absence of a specific and timely objection in the trial court? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
In a motion for a new trial, is the trial court bound by the same principles as the court of appeal? (California, United States of America)
In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)
