What is the standard of review in a motion seeking to overturn a decision made by the Court of Appeal in the absence of a hearing?
California, United States of America
The following excerpt is from Powell, In re, 232 Cal.Rptr. 553, 42 Cal.3d 1075 (Cal. 1986):
Respondent's argument to the contrary is unpersuasive. Respondent draws an analogy to the standard of review in administrative mandamus actions, in which the trial court must exercise its independent judgment on the evidence when an administrative decision has affected a vested right. (See, e.g., Bixby v. Pierno (1971) 4 Cal.3d 130, 144-146, 93 Cal.Rptr. 234, 481 P.2d 242.) The fatal flaw in the analogy is that a prison inmate has no [42 Cal.3d 1094] vested right in his or her prospective liberty on a parole release date. (Fain I, supra, 65 Cal.App.3d at p. 390, 135 Cal.Rptr. 543.)
At oral argument, respondent urged that Fain I predated the enactment of the Uniform
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