Does the Court have a duty to object in the context of abuse of discretion?

California, United States of America


The following excerpt is from People v. Ochoa, 110 Cal.Rptr.2d 324, 26 Cal.4th 398, 28 P.3d 78 (Cal. 2001):

Defendant cites People v. Santamaria (1991) 229 Cal.App.3d 269, 280 Cal.Rptr. 43 (Santamaria), which includes a footnote indicating "the court's abuse of discretion here was of such magnitude that whether or not appellant objected is irrelevant." (Id. at p. 279, fn. 7, 280 Cal.Rptr. 43.) The Santamaria opinion, however, did not purport to abrogate the duty to object generally. On its facts, it found the court's abuse was so great as to warrant appellate relief notwithstanding the absence of objection. The facts of Santamaria differ markedly from those here, and it therefore does not govern our analysis.

Other Questions


What is the test for abuse of abuse of power in the context of a motion to overturn a finding that the trial court abused power on the Pitchess motion? (California, United States of America)
Does the Court of Appeal have discretion to admit evidence of abuse of power or abuse of discretion? (California, United States of America)
Does a restitution order for abuse of discretion constitute an abuse of the court's discretion? (California, United States of America)
What is the test for "abuse of discretion" in cases involving abuse of discretion? (California, United States of America)
In what circumstances will the Court of Appeal reverse a finding that the Court abused its discretion in making a judgment in a personal injury case? (California, United States of America)
What is the test for an abuse of discretion when a trial court elects an atrial court's election of a lower term? (California, United States of America)
Does the court abuse its discretion when it concluded that the probative value of testifying to the Court that every fingerprint is unique? (California, United States of America)
What is the standard of review for abuse of discretion in the context of a trial court's ruling on the admissibility of evidence? (California, United States of America)
What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.