When will a court deny an application for a certificate of probable cause?

California, United States of America

The following excerpt is from People v. Everett, 186 Cal.App.3d 274, 230 Cal.Rptr. 604 (Cal. App. 1986):

Untimeliness does support a trial court's denial of an application for a certificate of probable cause. Nevertheless, this court would ordinarily grant relief. Otherwise, we would face the " 'inevitable collateral attack on the basis of inadequacy of counsel for not securing a certificate of probable cause....' [Citation.]" (People v. Tirado (1984) 151 Cal.App.3d 341, 348, 198 Cal.Rptr. 682.) We are more concerned with substantive denials of such applications. ²

"The most advanced legal research software ever built."

Try it today free of charge!

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

In what circumstances will a court grant a peremptory writ to vacate an order denying petitioner's application for certificate of probable cause on the grounds that he waived his appellate rights? (California, United States of America)

When will the court consider a defendant's application for a certificate of probable cause? (California, United States of America)

Is there any case law where a probable cause hearing conducted by the Superior Court of California Probable Cause Officer (PCCO) was conducted as a pro forma interview rather than a fact-finding hearing? (California, United States of America)

Does a defendant need to obtain a certificate of probable cause from the trial court before appealing a conviction from a guilty plea? (California, United States of America)

Does the clerk of the superior court prepare the record on appeal because of the denial of a certificate of probable cause? (California, United States of America)

Is Page 5 of the Superior Court of Appeal bound by error and error in denying a certificate of probable cause to appeal? (California, United States of America)

Does a certificate of probable cause need to be obtained to appeal against a juvenile court's decision to remove a minor from his parents' custody? (California, United States of America)

Does a burglar who ransack a victim's car cause cause probable cause for arrest and completed unlawful vehicle taking? (California, United States of America)

Can a defendant withdraw her plea and appeal against a certificate of probable cause issued by the Superior Court of Appeal? (California, United States of America)

If a trial court orders testing without articulating its reasons on the record, will the appellate court presume an implied finding of probable cause? (California, United States of America)

When will a court deny an application for a certificate of probable cause?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources