What is the test for abuse of peremptory challenge pursuant to section 170.6?
California, United States of America
The following excerpt is from Martin v. Superior Court of Contra Costa Cnty., A141620 (Cal. App. 2014):
"This court reviews an order granting or denying a peremptory challenge pursuant to section 170.6 for an abuse of discretion. A trial court abuses its discretion when it erroneously denies a motion to disqualify a judge. [Citation.]" (People v. Superior Court (Maloy), supra, 91 Cal.App.4th at p. 395.) It appears the court here abused its discretion in denying the alternative 170.6 challenge.
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