Is denial of a nonstatutory motion to vacate reviewed for abuse of discretion?
California, United States of America
The following excerpt is from People v. Barraza, H033755, No. SS981688 (Cal. App. 2010):
3. Denial of a nonstatutory motion to vacate or a writ of error coram nobis is similarly reviewed for abuse of discretion. (People v. Ibanez (1999) 76 Cal.App.4th 537, 544; People v. Gallardo (2000) 77 Cal.App.4th 971, 982 ["[f]or better or worse, the terms [writ of error coram nobis and motion to vacate the judgment] are often used interchangeably and the two procedures are similar in scope and effect"].)
"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
How does the court review a denial of a motion for a new trial for abuse of abuse of review? (California, United States of America)
What is the test for abuse of discretion in the context of a motion to review the decision of a trial court denying a defendant's motion to exclude victim impact evidence and uncharged misconduct in the case of Romero? (California, United States of America)
Is a denial of a request for continuance to supplement a motion reviewed for abuse of discretion? (California, United States of America)
Can a motion to vacate and a default judgment under section 473 be reviewed for abuse of discretion? (California, United States of America)
How is the denial of a motion to dismiss reviewed for abuse of discretion? (California, United States of America)
Does the abuse of discretion standard apply to a denial of a motion to vacate a forfeiture and exonerate a bail bond? (California, United States of America)
How should the Court of Appeal review the first-stage ruling of a motion to review the denial of Batson/Wheeler motion? (California, United States of America)
What is the standard of abuse of discretion in the appellate review of the denial of Romero motions? (California, United States of America)
When reviewing a motion for a new trial, does the appellate court apply the standard of "abuse of discretion" in denying the motion? (California, United States of America)
In reviewing a denial of a motion to suppress, what is the effect of the denial on the denial to suppress? (California, United States of America)
