California, United States of America
The following excerpt is from People v. Baltazar, F062476 (Cal. App. 2012):
"'No error results from granting a request to reopen in the absence of a showing of abuse.'" (People v. Riley (2010) 185 Cal.App.4th 754, 764.) As the record persuades us that the court's order granting the request to reopen was not an abuse of discretion, there was, as a matter of state law, no error. Baltazar argues that the court's order was a denial of due process, but the premise of his constitutional claim is that the court's order was error, so his due process claim likewise fails. (People v. Sanders (1995) 11 Cal.4th 475, 510, fn. 3.)5
Page 9
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.