Is a post-judgment order affecting a petitioner's substantial rights?
California, United States of America
The following excerpt is from Miller v. Hamm, 88 Cal.Rptr. 538, 9 Cal.App.3d 860 (Cal. App. 1970):
1 Whether the order was appealable as a post-judgment order affecting petitioner's substantial rights was not free from doubt. "Substantial rights' under subsection 3 of section 1237 (Pen.Code) are not affected when defendant's objections concern matters that could have been reviewed on timely appeal from the judgment.' (People v. Howerton (1953) 40 Cal.2d 217, 220, 253 P.2d 8, 10.)
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