What is the standard of review governing prejudice findings under section 1473.7?

California, United States of America


The following excerpt is from People v. Vivar, 11 Cal.5th 510, 278 Cal.Rptr.3d 2, 485 P.3d 425 (Cal. 2021):

Appeal concerning the standard of review governing prejudice findings under section 1473.7, subdivision (a)(1) and to clarify more generally what demonstrates prejudice under that provision. (See People v. Maya (2020) 9 Cal.5th 239, 241, 260 Cal.Rptr.3d 840, 460 P.3d 1216.)

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 for a finding of prejudice under California Evidence Code section 352? (California, United States of America)
What is the standard of review for reviewing a finding of dangerousness made pursuant to section 1170.126? (California, United States of America)
What is the proper standard of review under section 1281.2(c) of the Statutory Review Act? (California, United States of America)
What is the standard of review required by the Court of Appeal for a finding of force likely to cause great bodily injury under section 245(c) of the Criminal Code? (California, United States of America)
What is the standard of review of a finding of guilty under section 368 of the California Criminal Code on a charge of elder abuse? (California, United States of America)
What is the standard governing review of a challenge to the evidence in support of a gang enhancement finding? (California, United States of America)
What is the standard of review for a finding of factual innocence under section 851.8? (California, United States of America)
What is the standard for further environmental review under section 15168 of the California Environmental Review Act? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.