What is the test for determining whether a plaintiff has been successful in his application to have his claim rejected on appeal?

California, United States of America


The following excerpt is from People v. Martin, 32 Cal.App.4th 656, 38 Cal.Rptr.2d 776 (Cal. App. 1995):

Because respondent did not appeal, there is a substantial question whether we could afford the relief he seeks on appeal. Nevertheless, since the issue impinges on the issue raised by the People, and to forestall a subsequent claim of ineffectiveness of counsel (see People v. Cox (1991) 53 Cal.3d 618, 682, 280 Cal.Rptr. 692, 809 P.2d 351), we shall address the issue on its merits.

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