What is the test for retroactive application of an amendment to the Criminal Code Act?

California, United States of America


The following excerpt is from People v. Norton, 109 Cal.Rptr.3d 197, 184 Cal.App.4th 408 (Cal. App. 2010):

11 "[F]or the purpose of determining retroactive application of an amendment to a criminal statute, a judgment is not final until the time for petitioning for a writ of certiorari in the United States Supreme Court has passed." ( People v. Vieira, supra, 35 Cal.4th at p. 306, 25 Cal.Rptr.3d 337, 106 P.3d 990.)

Other Questions


Can a defendant be remanded in custody for the retroactive retroactive ameliorative effect of the amendment to the Criminal Code Amendment? (California, United States of America)
Is the amendment to the California Civil Code of Civil Procedure Amendment retroactively retroactively applied to increase conduct credits for minor offenders who have been temporarily detained in local custody? (California, United States of America)
Is a judgment final for retroactive application of an amendment to the criminal statute lessening punishment? (California, United States of America)
What is the test for retroactive application of an amendment to the Criminal Code when a judgment is not final? (California, United States of America)
What is the test for retroactive application in the context of a change in the criminal code to criminal code? (California, United States of America)
What is the test for prospective only application of the Prospective Only Application of the Criminal Code Amendment? (California, United States of America)
What is the test for determining retroactive application of an amendment to the criminal statute? (California, United States of America)
What is the legal test for retroactive application of an amendment to the Criminal Code when a decision is final? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
Can a reduction of a criminal conviction to a criminal charge change the nature of the criminal conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.