Can a defendant raise a pure question of law on appeal for the first time?

California, United States of America


The following excerpt is from People v. Salinas, F074468 (Cal. App. 2020):

presenting a pure question of law may be raised for the first time on appeal. [Citation.] [N]ot all constitutional defects in conditions of probation may be raised for the first time on appeal; some questions cannot be resolved without reference to the particular sentencing record developed in the trial court. [Citation.]" (People v. Pirali, supra, 217 Cal.App.4th at p. 1347.)

Other Questions


Does the Court of Appeal have the power to rule on a question of law raised for the first time on appeal? (California, United States of America)
How have we dealt with the issue of timely appeal from the Court of Appeal in the context of an order requiring a timely appeal? (California, United States of America)
Does a defendant have the authority to raise a question of "substantial rights" on an appeal from the Court of Appeal? (California, United States of America)
Can a question raised for the first time by an amicus curiae be considered before the Court of Appeal? (California, United States of America)
Is a defendant's failure to make a timely and specific objection to a motion on the grounds that he now raises an objection on appeal forfeits his claim on appeal? (California, United States of America)
Does the Court have the power to rule on a question raised for the first time on appeal? (California, United States of America)
When a defendant fails to raise an issue in the opening brief, raising it for the first time in the reply brief, is a claim of ineffective assistance forfeited? (California, United States of America)
What is the threshold question for a defendant to complain of prosecutorial misconduct for the first time on appeal? (California, United States of America)
What is the test for deciding a question of law raised for the first time on appeal? (California, United States of America)
Is plaintiff's claim that the trial judge was biased against him on appeal cognizable because it is raised for the first time on appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.