Can a defendant raise his substantial rights on appeal?
California, United States of America
The following excerpt is from People v. Thomas, E070352 (Cal. App. 2019):
self-defense in CALCRIM No. 3428, defendant insists he can raise the issue on appeal because the instructional error impacted his substantial rights. We agree that defendant can raise this issue on appeal. (See People v. Townsel (2016) 63Cal.4th 25, 59-60 ["We may review defendant's claim of instructional error, even absent objection, to the extent his substantial rights are affected," citing to 1259)].)
"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
Is an order made after judgment affecting a defendant's substantial rights affecting his substantial rights appealable? (California, United States of America)
Does a defendant who fails to assert his substantial rights in a timely manner when an appeal is available from the judgment no longer have substantial rights for appellate purposes? (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)
What is the test for appealability of an order made after a judgment affecting substantial rights affecting defendant's substantial rights? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
Does a plaintiff have a substantial right to sue the Defendant for breach of his substantial rights? (California, United States of America)
What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)
Is a probation order revoked after judgment affecting substantial rights affecting a defendant's substantial rights? (California, United States of America)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
Does defendant have a right to appeal the findings of the Court of Appeal? (California, United States of America)
