What is the standard of review for a finding of factual innocence under section 851.8?

California, United States of America


The following excerpt is from People v. Bailey, D064774 (Cal. App. 2015):

People v. Adair (2003) 29 Cal.4th 895 (Adair) addressed the standard of review for a trial court's finding of factual innocence under section 851.8, noting the statute did not expressly set forth the applicable standard of review. (Id. at p. 904.) The Adair court concluded the statutory language required de novo review because "reasonable cause" is a well-established legal standard " ' "defined as that state of facts as would lead a man of ordinary care and prudence to believe and conscientiously entertain an honest and strong suspicion that the person is guilty of a crime." ' " (Ibid.) The court concluded the statutory scheme established an objective legal standard for determining factual innocence, applicable to both trial and appellate courts, which "[does] not accommodate any exercise of discretion to which the appellate court should defer." (Id. at p. 908.)

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