What is the role of the Court of Appeal on an appeal where the superior court has found that the appellant did not have due process or a statement of decision?
California, United States of America
The following excerpt is from Noguchi v. Civil Service Com., 187 Cal.App.3d 1521, 232 Cal.Rptr. 394 (Cal. App. 1986):
All such arguments regarding due process were rejected by the superior court. In an instance such as this, where the appeal is before this court without superior court findings or a statement of decision, the role of the appellate court is as stated in Golde v. Fox (1979) 98 Cal.App.3d 167, 174, 159 Cal.Rptr. 864:
"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
After reviewing the record of a motion brought by appellant in the Superior Court of Appeal against the appellant, what is the appellant's request for an independent review of the record? (California, United States of America)
Does a denial of a motion for reconsideration by the appellate court of the Superior Court of Appeal affect the appealability of the denial of the motion to reconsideration? (California, United States of America)
What is the result of the Court of Appeal's decision in the case of defendant in the Superior Court of Justice on appeal against a finding of not guilty of a charge of gross negligence? (California, United States of America)
Can an appellate court amend an order of the Superior Court of Appeal in cases not before the court? (California, United States of America)
What is the test for appellate review of a decision by the Superior Court of Appeal against a motion of appeal? (California, United States of America)
In reviewing a decision by the Superior Court of Appeal to deny probation to a defendant who has committed a criminal offence, can the judge rely on another court's decision not to grant probation? (California, United States of America)
Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (California, United States of America)
Does a judge have jurisdiction to hear an appeal from the Superior Court of the Court of Appeal? (California, United States of America)
Does a statement by an appellate court of a rule of law necessary to the decision of the case on appeal conclusively establish that rule? (California, United States of America)
In reviewing a decision by the Superior Court of Appeal to deny probation to a minor, can a judge substitute his or her judgment for that of another court? (California, United States of America)
