What is the scope of the appellate court's discretion to grant or withhold relief on an original application?

California, United States of America

The following excerpt is from Cohen v. Superior Court of Kern County, 267 Cal.App.2d 268, 72 Cal.Rptr. 814 (Cal. App. 1968):

'Although the nature of the appellate court's discretion to grant or withhold relief on an original application is the same as that of the superior court, i.e., it is a judicial discretion, there are two additional areas for its exercise: (1) The limiting rule of policy, requiring application first to a lower court, may be

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County of Sacramento v. Hastings, 132 Cal.App.2d 419, 420, 282 P.2d 100, 101, holds:

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