What is the test for granting relief from default in cases of failure to file a timely notice of appeal?

California, United States of America


The following excerpt is from In Re J.T., F058342, No. JJD061374 (Cal. App. 2010):

2. Appellant cites cases such as People v. Acosta (1969) 71 Cal.2d 683, 687-688, for the proposition that we may liberally grant relief from default in cases of failure to file a timely notice of appeal. Appellant's reliance on such cases is misplaced, since they related to a special review procedure in effect at that time under the then rules of court by which a court could determine whether to excuse a late-filed appeal. That special procedure is no longer in effect, late-filed appeals may no longer be excused, and the applicable law is now the constructive filing doctrine. (Silverbrand v. County of Los Angeles, supra, 46 Cal.4th at pp. 116, 120-121.)

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