Does the trial court have any authority to exercise its discretion in determining whether an error was made in a finding of not guilty?
California, United States of America
The following excerpt is from People v. Kelly, 171 Cal.App.3d 277, 217 Cal.Rptr. 296 (Cal. App. 1985):
We need not decide, however, whether the trial court failed to exercise discretion, because any error was harmless. (See People v. Castro, supra, 38 Cal.3d at pp. 318-319, 211 Cal.Rptr. 719, 696 P.2d 111.)
"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 there any indication in the record that the trial court exercised any power or authority to exercise or reverse a finding of not guilty? (California, United States of America)
What are the findings of the Court of Appeal in determining whether a defendant received a fair trial due to a series of trial errors? (California, United States of America)
What is the test for determining whether a trial court's exercise of discretion is within the scope of discretion? (California, United States of America)
What is the test for determining whether a trial court considered the relevant factors in a finding of not guilty? (California, United States of America)
What is the test for determining whether a trial court's error contributed to a jury's error? (California, United States of America)
What are the statutory factors used to determine whether a judge should exercise his discretion in determining whether or not to grant an e-commerce licence? (California, United States of America)
What is the test for a court to determine whether a plaintiff has been successful on a motion of appeal against a finding that the respondent has been found to have failed to exercise his discretion in weighing the relevant factors? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
Does a judge have the authority to determine whether substantial evidence supported the implied findings of a trial court order? (California, United States of America)
Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion was being brought before the court? (California, United States of America)
