Can the Attorney General rely on a "technical argument" on appeal?

California, United States of America


The following excerpt is from People v. Buttinelli, D073710 (Cal. App. 2018):

4. Buttinelli maintains the Attorney General is estopped from relying on this "technical argument" on appeal because the prosecutor did not raise it in the trial court. However, as the appellant, Buttinelli bears the burden of showing the trial court erred. (People v. Sanghera (2006) 139 Cal.App.4th 1567, 1573.) She has not done so. Indeed, to the contrary, the trial court would have erred had it allowed Buttinelli to belatedly exercise a peremptory challenge. (Cottle, supra, 39 Cal.4th at p. 258.)

Other Questions


In a petition for a rehearing of the Superior Court of Appeal, what is the Attorney General's argument that defendant's arguments are not cognizable on appeal? (California, United States of America)
What are the findings of the Court of Appeal on the appeal of a motion of appeal against an order requiring the Attorney General to produce a copy of the Plaintiff's file? (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)
In what is the Attorney General's argument that an order issued by the Superior Court of Appeal is appealable? (California, United States of America)
In what circumstances will the Attorney General dismiss appellant's appeal against the Court of Appeal finding that his claim has not evaded review and indeed was specifically rejected in Goodrich? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Does the Attorney General have an obligation to reverse the judgment of Justice Trimble v Attorney General? (California, United States of America)
Does the Attorney General have the authority to deny an appeal because the Defendant failed to identify as an issue on appeal the fact she was improperly induced to enter her plea? (California, United States of America)
Does the Attorney General have the authority to ask the Court of Appeal to consider the merits of a motion brought before it on an appeal? (California, United States of America)
Can a letter between the Attorney General and Attorney General be admitted as a public record? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.