What is the test for applying the Finality Rule?

California, United States of America


The following excerpt is from People v. Brooks, F062589 (Cal. App. 2012):

"The principal reason for the doctrine is judicial economy. 'Finality is attributed to an initial appellate ruling so as to avoid the further reversal and proceedings on remand that would result if the initial ruling were not adhered to in a later appellate proceeding.' [Citation.]" (People v. Stanley (1995) 10 Cal.4th 764, 786-787.) The rule is procedural and does not go to the jurisdiction of the court. (Id. at p. 787.) Thus, application of the rule is "'subject to the qualifications that "the point of law involved must have been necessary to the prior decision, that the matter must have been actually presented and determined by the court, and that application of the doctrine will not result in an unjust

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