In what circumstances will the court refuse to remand the case for further factual findings?

California, United States of America


The following excerpt is from People v. Superior Court (Sosa), 145 Cal.App.3d 581, 194 Cal.Rptr. 525 (Cal. App. 1983):

Although the trial court apparently failed to undertake the inquiry mandated, the record before us is of sufficient detail and depth from which a determination may be made. It is thus unnecessary to remand to the case for further factual findings. (Brown v. Illinois, supra, 422 U.S. at p. 604, 95 S.Ct. at p. 2262.)

This case presents extremes. It would be difficult to envision more lawless police conduct. (We note that although the trial court sat in Fresno, the police misconduct involved no local law enforcement agency.) Generally, the more offensive the police misconduct the greater the need for deterrence and, consequently, the broader the application of the exclusionary rule. (Brown v. Illinois, supra, 422 U.S. at pp. 603-604, fn. 9, 95 S.Ct. at pp. 2261-2262, fn. 9; see Comment (1967) 115 U.Pa.L.Rev. 1136, 1148-1151.)

Other Questions


In what circumstances will the appellate court overturn a finding that the trial court did not decide on a particular factual question? (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, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
In reviewing a motion to suppress evidence, does the court defer to the factual findings of the trial court? (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)
In what circumstances will the court refuse to rule on an affidavit that is not before the trial court? (California, United States of America)
In what circumstances will the Court uphold the murder verdict and special circumstance findings? (California, United States of America)
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 court overturn a torture-murder special-circumstance finding? (California, United States of America)
In what circumstances will the court find sufficient evidence to find that the crime was committed for the benefit of a criminal street gang? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.