If the court's reasons were not presented at the serious offender hearing, would they have been considered relevant to the issues raised?

California, United States of America


The following excerpt is from Rogers, In re, 169 Cal.Rptr. 222, 28 Cal.3d 429, 619 P.2d 415 (Cal. 1980):

Here, the state could have presented evidence of the court's reasons at the serious offender hearing. It failed to do so. Again, if the evidence was at all relevant to the issues raised, the state could have offered to introduce this evidence at the superior court hearing on the habeas corpus petition. It failed to do so. Based on this dismal record, the state should not expect this court to bend its rules, take judicial notice and thereby augment the record with the 1976 trial proceedings. (See also People v. Zamora (1980) 28 Cal.3d 88, 96, 167 Cal.Rptr. 573, 615 P.2d 1361.)

Other Questions


Does the Court of Appeal have found that Defendant Joiner did not waive his assumed constitutional right to be personally present at the remand hearing and that the court erred in conducting that hearing in his absence? (California, United States of America)
Can a preliminary hearing be held on the basis that the prosecution attorney did not raise any relevant issues at the preliminary hearing? (California, United States of America)
What duty does the trial court have to instruct the jury as to the principles of law relevant to the issues raised by the issue? (California, United States of America)
In what circumstances will the Court of Appeal consider an issue raised in a reply brief of an appellant before the reviewing court? (California, United States of America)
Can a party who fails to raise issues before the trial court raise new issues on appeal? (California, United States of America)
What is the duty of a trial court to instruct a jury on the general principles of law relevant to the issues raised by the trial? (California, United States of America)
Does a court have an obligation to instruct on all principles of law relevant to the issues raised at trial? (California, United States of America)
Does the absence of lingering doubt from a recitation of evidence the defense offered in an attempt to raise reasonable doubt raise a reasonable doubt? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
Does a quasi-judicial review of the evidence presented to the trial court to determine whether any triable issues of fact were presented? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.