If defendant had objected in the trial court to a judgment of death against a judge, can he now apply for a writ of appeal?

California, United States of America

The following excerpt is from People v. Williams, 16 Cal.4th 635, 66 Cal.Rptr.2d 573, 941 P.2d 752 (Cal. 1997):

Even if defendant had objected in the trial court, his statutory judicial disqualification claim is not properly before us on this automatic appeal following a judgment of death. (See People v. Brown (1993) 6 Cal.4th 322, 335, 24 Cal.Rptr.2d 710, 862 P.2d 710.) Code of Civil Procedure section 170.3, subdivision (d) provides for review by writ of mandate sought within 10 days of the challenged decision as the exclusive means for challenging a ruling on the disqualification of a judge. (See People v. Hull (1991) 1 Cal.4th 266, 2 Cal.Rptr.2d 526, 820 P.2d 1036.) Defendant did not pursue this procedure in this case. ⁵

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If defendant had objected in the trial court to a judgment of death against a judge, can he now apply for a writ of appeal?

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