What is the standard of review for appeal against a finding that a trial court's ruling on a motion of appeal was 'unlawful, arbitrary, capricious or patently absurd'?
California, United States of America
The following excerpt is from The People v. Garcia, E047883, No. FSB057678 (Cal. App. 2010):
proceedings or the reliability of the outcome' [citation]." (People v. Waidla (2000) 22 Cal.4th 690, 724.) Under this standard, a trial court's ruling " ' "must not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice. [Citations.]" ' [Citation.]" (People v. Williams (2008) 43 Cal.4th 584, 634-635.)
"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
When reviewing a challenge to a suppression ruling, how does the Court of Appeal review the factual findings of the trial court? (California, United States of America)
What is the test for an appeal against a finding that the trial court acted in an arbitrary, capricious or patently absurd manner? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
What is the standard of review for a motion of appeal against a finding that the trial court erred in failing to grant a new trial on the grounds of misconduct of counsel? (California, United States of America)
When reviewing a denial of a suppression motion on appeal, how do we review the findings of the trial court? (California, United States of America)
What is the standard of review of a motion by the Court of Appeal for a motion to overturn a finding of not guilty? (California, United States of America)
What is the standard of review for an Evidence Code section 352 ruling that is Page 9 arbitrary, capricious or patently absurd? (California, United States of America)
On appeal from the denial of a motion for acquittal, does the reviewing court apply the same standard as the trial court? (California, United States of America)
When reviewing a ruling on a motion to exclude evidence, how do we review the findings of the trial court? (California, United States of America)
How should the Court of Appeal review the first-stage ruling of a motion to review the denial of Batson/Wheeler motion? (California, United States of America)
