Does a court have the power to deny due process?
California, United States of America
The following excerpt is from The People v. Olea, D055940, No. SCD164743 (Cal. App. 2010):
to deny due process. Absent a showing of an abuse of discretion and prejudice, the trial court's denial does not warrant reversal. (People v. Doolin (2009) 45 Cal.4th 390, 450.)
"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
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 deductions for those of the trial court? (California, United States of America)
How have courts dealt with a claim on appeal that the trial court abused its sentencing process? (California, United States of America)
Does the California Superior Court have authority to the effect that any fair, reasonable doubt concerning the existence of a municipal corporation's eminent domain power is resolved by the courts against the corporation? (California, United States of America)
Does the trial court abuse its power to consider a defendant's further due process argument in the context of evidence that joinder has been prejudiced? (California, United States of America)
Does the Attorney General's assertion that appellate courts review probation conditions for abuse of abuse of power, if the issue was raised in the trial court? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
When a finding of fact is challenged on the grounds that there is no substantial evidence to sustain it, does the appellate court have any power to substitute its conclusions for those of the trial court? (California, United States of America)
How have courts interpreted "the people's right to due process" not to include the right to compel the press to supply unpublished information obtained in the newsgathering process? (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)
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)
