What is the standard of review for a petition for record sealing?
California, United States of America
The following excerpt is from People v. Fitzgerald, 18 Cal.App.5th Supp. 1, 226 Cal.Rptr.3d 310 (Cal. Super. 2017):
Defendant contends the trial court erred by failing to hold an evidentiary hearing on his petition. Although there is no case law setting forth a standard of review for this specific claim, issues having to do with petitions for record sealing are reviewed de novo. ( People v. Adair (2003) 29 Cal. 4th 895, 908, 129 Cal.Rptr.2d 799, 62 P.3d 45.)
"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
Is there an independent review of the sealed portion of the record pertaining to discovery of personnel records of two officers? (California, United States of America)
After reviewing the record of a motion brought by appellant in the Superior Court of Appeal against the appellant, what is the appellant's request for an independent review of the record? (California, United States of America)
On appeal, can the court conduct an independent review of the transcript of the in camera hearing and the records reviewed by the trial court to determine whether any records were improperly withheld? (California, United States of America)
Is a court's order granting or denying a petition under section 946.6 review the same standard of review used in relief from default proceedings? (California, United States of America)
Is there an independent review of a sealed portion of the record pertaining to discovery of personnel records of two officers? (California, United States of America)
In reviewing a claim of insufficiency of the evidence, does the court review the entire record in the light of the whole record? (California, United States of America)
What is the standard of review used by the courts in reviewing the administrative record? (California, United States of America)
How have we reviewed the record in our review of the record on an appeal? (California, United States of America)
How have we reviewed the record in our review of the record on an appeal? (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)
