How will the Court of Appeal review a finding of judicial misconduct for abuse of power?
California, United States of America
The following excerpt is from People v. Winters, E051215 (Cal. App. 2011):
"As a general matter, an appellate court reviews a trial court's ruling on judicial misconduct for abuse of discretion. [Citation.]" (People v. Alvarez (1996) 14 Cal.4th 155, 237, fn. 35.) Although the matter of judicial misconduct was not raised at the trial court, we will review the matter as though it were raised, and the trial judge concluded he did not commit judicial misconduct.
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