California, United States of America
The following excerpt is from People v. Ayass, D074693 (Cal. App. 2019):
the issue [citation], or that its ruling embodied, or rested upon, a misunderstanding of the relevant law [citation] or an arbitrary or irrational point of view [citations]." (People v. Penoli (1996) 46 Cal.App.4th 298, 305-306 (Penoli), italics added.) In addition, this unambiguous disclosure must demonstrate an "incorrect rather than a correct concept of the relevant law, 'embodied not merely in "secondary remarks" but in [the judge's] basic ruling.' " (Tessman, supra, 223 Cal.App.4th at pp. 1302-1303, italics added.)
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