What is the standard of review for a due process notice issue?

California, United States of America


The following excerpt is from Coming Under the Juvenile Court Law. Stanislaus Cnty. Cmty. Servs. Agency v. Jeremy B. (In re Jeremy B.), F071458 (Cal. App. 2015):

We review a due process notice issue as a mixed question of law and fact in which we defer to the juvenile court's findings of historical fact under the substantial evidence standard of review and determine a due process violation under the de novo standard of review. (Cf. People v. Alvarez (1996) 14 Cal.4th 155, 182 [review of search and seizure issue]; see In re J.H., supra, 158 Cal.App.4th at p. 183 [constitutional issues reviewed de novo].)

Other Questions


What is the standard of review for a receiver to review an order issued by the trial court? (California, United States of America)
In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
When a bench officer issued an order for a fee under review was not the same bench officer as the judge who presided over the trial, can the court exercise a less deferential standard of review? (California, United States of America)
Does the abuse of review standard apply to any ruling by the trial court on admissibility of evidence including requests for judicial notice? (California, United States of America)
What is the standard of review for Miranda issues? (California, United States of America)
On appeal, what is the standard of review in the context of a motion for summary review of the facts of the case? (California, United States of America)
How does the abuse of review standard of review apply? (California, United States of America)
In the absence of a decision by the California Supreme Court on the issue of consent for searches and seizures, what is the effect of the consent process in the context of this issue? (California, United States of America)
What is the applicable standard of review for an application of the independent review test? (California, United States of America)
What is the standard of review for reviewing state law errors at the guilt phase of a trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.