What is the test for determining whether an indigent prisoner's failure to appear in court is willful?
California, United States of America
The following excerpt is from Jameson v. Superior Court of Fresno Cnty., F060704, Super. Ct. No. 09CECG02317 (Cal. App. 2011):
Jameson v. Desta is directly on point. In a situation like this, the trial court must take steps to determine whether an indigent prisoner's failure to appear is willful before terminating the litigation based on that failure. Otherwise, prison staff could deny telephone access indefinitely and there would be no avenue of relief for the prisoner.
"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
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
Is a family court's failure to determine whether appellant is entitled to fees and costs under section 2030 an abuse of discretion? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
What is the appellate court's role in determining whether a defendant satisfied his burden of producing clear and convincing evidence in the trial court? (California, United States of America)
Is a court's failure to instruct the jury how to assess credibility or how to determine whether defendant's statements were confessions or admissions an error? (California, United States of America)
How have the courts interpreted section 667.5 of the Criminal Code when determining whether a defendant suffered two felonies for which he served a prison term? (California, United States of America)
