What is the test for determining whether a defendant has preserved his right to raise his own case on appeal?
California, United States of America
The following excerpt is from People v. Ayala, 1 P.3d 3, 23 Cal.4th 225, 96 Cal.Rptr.2d 682 (Cal. 2000):
"Because the question whether defendant has preserved his right to raise this issue on appeal is close and difficult, we assume he has preserved his right, and proceed to the merits. We have done the same in similar situations in the past." (People v. Bruner (1995) 9 Cal.4th 1178, 1183, fn. 5, 40 Cal.Rptr.2d 534, 892 P.2d 1277.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for determining whether a defendant has a right to a jury determination based upon proof beyond a reasonable doubt? (California, United States of America)
Can a jury make a preliminary determination of whether a defendant had the right to use force to defend himself against the victim? (California, United States of America)
Can a jury make a preliminary determination of whether a defendant had the right to use force to defend himself under Cal.CRIM 3471? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the legal test used to determine whether a defendant has a right to sue on appeal? (California, United States of America)
Does a defendant have the authority to raise a question of "substantial rights" on an appeal from the Court of Appeal? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
What is the test for determining whether a defendant has a right to appeal against the imposition of costs? (California, United States of America)
