What is the test for appellate judges to determine whether to grant a motion to the Court of Appeal?
California, United States of America
The following excerpt is from Adams v. Jordan, A141688 (Cal. App. 2016):
" '[I]t is for the trial court, in its discretion, to determine whether the probative value of relevant evidence is outweighed by a substantial danger of undue prejudice. The appellate court may not interfere with the trial court's determination . . . unless the trial court's determination was beyond the bounds of reason and resulted in a manifest miscarriage of justice.' " (McCoy v. Pacific Maritime Assn. (2013) 216 Cal.App.4th 283, 296.)
"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
What is the appellate court's role in determining whether or not a trial judge has jurisdiction to review a motion of appeal in a case of mistaken identity? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its factual determination for that factual determination? (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 criteria is used to determine whether a judge should grant approval for a motion to appoint a new judge? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
In a motion to dismiss one or both of appellant's prior strike convictions, can appellant appeal against the finding that the trial court abused its discretion in denying the motion? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
In a Notice of Appeal to the Superior Court of Appeal, what is the relevant statutory reference to the California Probate Code for the purposes of determining whether a judge's order is enforceable? (California, United States of America)
When a motion to appeal against a reduction in the sentence of a convicted criminal has been granted by the Court of Appeal, does the Court have to credit time already served on the original sentence? (California, United States of America)
