What is the standard of review for a waiver?

California, United States of America


The following excerpt is from People v. Poole, 168 Cal.App.3d 516, 214 Cal.Rptr. 502 (Cal. App. 1985):

"... [F]airness dictates that before accepting silence or acquiescence in sentencing by a different judge as a waiver, the court must satisfy itself from the record that defendant knew he had the right to be sentenced by the same judge who took his plea. The court cannot reasonably assume or speculate that the defendant had the requisite knowledge of his Arbuckle rights even if represented by an attorney." (People v. Rosaia (1984) 157 Cal.App.3d 832, 840, 203 Cal.Rptr. 856.)

The recent case of People v. Rosaia, supra, 157 Cal.App.3d 832, 203 Cal.Rptr. 856, is particularly instructive as to the appropriate standard of review of the facts in this case concerning an Arbuckle waiver:

Other Questions


In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
What is the standard of review applied by a reviewing court to determine that a sentence is cruel and unusual? (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)
Are evidentiary rulings reviewed under an abuse of discretion standard of review? (California, United States of America)
What is the standard of review for appellate review of a trial court ruling on the admissibility of evidence? (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)
What is the applicable standard of review for an application of the independent review test? (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)
What is the standard of review for a motion to review a decision of a trial court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.