In what circumstances will the California Court of Appeal uphold a finding that a judge acted in an impartial manner, even if they might have ruled differently?

California, United States of America


The following excerpt is from People v. O'Conner, E060763 (Cal. App. 2015):

facts and reached an impartial decision in conformity with the spirit of the law,' " we must affirm the trial court's ruling, " 'even if we might have ruled differently in the first instance.' " (People v. Carmony (2004) 33 Cal.4th 367, 378.)

Other Questions


What are the findings of the Court of Appeal at the Superior Court of Justice on Beach's appeal against a finding that an autopsy photograph of the victim was unduly prejudicial and lacked probative value? (California, United States of America)
In what circumstances will the California Court of Appeal strike down a section of the California Criminal Code Act as unconstitutional? (California, United States of America)
In what circumstances will the California Court of Appeal strike down a section of the California Family Law Act that prohibits the use of a child as a witness? (California, United States of America)
Can the prosecution appeal against a finding that a trial court has acted in excess of its jurisdiction to act under section 1170 of the California Criminal Code? (California, United States of America)
In what circumstances will the California Court of Appeal strike down a section of the California Criminal Code Act as unconstitutional? (California, United States of America)
Does the law of the case doctrine preclude a litigant from seeking a writ of appeal against a finding that the trial judge was an impartial judge who failed to instruct on lesser included offenses? (California, United States of America)
What findings must a trial court make to satisfy the "detailed findings of fact" requirement in subdivision (a)(2) of section 6305 of the California Child Protection Act? (California, United States of America)
How have courts interpreted the test for determining whether trial counsel acted or failed to act in the manner challenged on appeal? (California, United States of America)
Can an attorney act as a prosecutor before the California Superior Court and also act as an adviser to the California Board of Justice in an unrelated matter? (California, United States of America)
Does a defendant have to submit an appeal to the Court of Appeal against a finding of probable cause under California Penal Code section 1202.1? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.