What is the test for an appeal against a finding that a judge acted in an arbitrary, capricious or patently absurd manner that resulted in a miscarriage of justice?
California, United States of America
The following excerpt is from People v. Bentley, 269 Cal.Rptr.3d 281, 55 Cal.App.5th 150 (Cal. App. 2020):
power is statutorily vested in the trial court, its exercise of that discretion 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. Rodrigues (1994) 8 Cal.4th 1060, 1124-1125, 36 Cal.Rptr.2d 235, 885 P.2d 1.)
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