Is defendant's appeal moot because the order committing him during the pendency of this appeal has expired?

California, United States of America


The following excerpt is from People v. Hickman, C074848 (Cal. App. 2014):

3. The People do not argue defendant's appeal is moot, despite the expiration of the order committing him during the pendency of this appeal. As defendant urges, we reach the issues because "our decision may still affect the lower court's right to continue jurisdiction under the original commitment as well as [any] recommitment." (People v. Fernandez (1999) 70 Cal.App.4th 117, 134-135.)

Other Questions


Can a notice of appeal of a judgment of dismissal following an earlier order regarding a different defendant be construed as a "notice of appeal" regarding "a different defendant"? (California, United States of America)
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
If the parties have appealed against the Superior Court's order that the parties can continue to argue that the issues addressed by the orders are moot, can they appeal against the orders? (California, United States of America)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
Does the jury instructions that the trial court relied on in its tentative order and in its final order deny defendant's petition that the jury must find that the killing was committed with either express or implied malice or otherwise implied malice? (California, United States of America)
Does a notice of appeal from an unappealable order denying new trial have to be interpreted as an appeal from the underlying order? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
Does the Court of Appeal have to continue to hear an appeal from an appellant who, as a result of the July 19, 2016 order rendered this appeal moot? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.