What is the test for a criminal defendant to have been successful in an appeal?
California, United States of America
The following excerpt is from People v. Miller, E070759 (Cal. App. 2019):
Moreover, defendant did not raise this issue in his previous appeal. (People v. Senior (1995) 33 Cal.App.4th 531, 538 ["[W]here a criminal defendant could have raised an issue in a prior appeal, the appellate court need not entertain the issue in a subsequent appeal absent a showing of justification for the delay."].) Defendant has shown no justification for the delay in raising this claim; therefore, it is waived. (Ibid.)
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