What is the burden of proving that a penalty imposed by the Court of Appeal is unconstitutional?

California, United States of America


The following excerpt is from People v. Montalvo, A129490 (Cal. App. 2012):

A defendant bears the burden of establishing that the punishment imposed is unconstitutional. (People v. King (1993) 16 Cal.App.4th 567, 572.) The proscription against cruel and unusual punishment is violated when a penalty is "so disproportionate

Page 15

Other Questions


Does the Attorney General have any grounds to appeal against the judgment of the Superior Court of Appeal for failing to impose even higher fees and penalty assessments? (California, United States of America)
What is the burden of proving reversible error in a motion to appeal against a finding of error at the Court of Appeal? (California, United States of America)
What is the burden of proving error on appeal against the judgment of the Superior Court of Appeal? (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)
Does the Court of Appeal hold that the death penalty cannot be imposed under sentencing procedures that create a substantial risk that it would be inflicted in an arbitrary and capricious manner? (California, United States of America)
Is a death row inmate entitled to appeal the death penalty in the Court of Appeal? (California, United States of America)
Does the Court of Appeal hold that the death penalty cannot be imposed under sentencing procedures that create a substantial risk that it would be inflicted in a capricious manner? (California, United States of America)
What remedies are available to the Court of Appeal against an unauthorized sentence imposed by the Superior Court? (California, United States of America)
When a court of appeal has an appealable judgment or order before it, does the court have jurisdiction to affirm, reverse or modify it? (California, United States of America)
Is the death penalty unconstitutional for failing to impose a specific burden of proof? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.