Is it appropriate for the Court to decline to conduct an independent review of the record in a resentencing petition?
California, United States of America
The following excerpt is from People v. Boggs, E074289 (Cal. App. 2020):
496, 501, 503 (Serrano); see also People v. Martinez (2016) 246 Cal.App.4th 1226, 1240 [declining to conduct independent review of the record in an appeal of a Penal Code section 1170.95 resentencing petition].)
"The most advanced legal research software ever built."
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
On appeal, can the court conduct an independent review of the transcript of the in camera hearing and the records reviewed by the trial court to determine whether any records were improperly withheld? (California, United States of America)
After reviewing the record of a motion brought by appellant in the Superior Court of Appeal against the appellant, what is the appellant's request for an independent review of the record? (California, United States of America)
Is writ review the exclusive review for a trial court's order directing or refusing disclosure of records under the Public Records Act? (California, United States of America)
Does a court have to determine "petitioner's eligibility for resentencing based on a record of conviction based on the record of the petitioner's eligibility to resentencing"? (California, United States of America)
Does the Court of Appeal have a duty to independently review the entire record of a section 1170.95 petition? (California, United States of America)
Does the Attorney General object to a request by Elwood and Hutton for an independent review of sealed records the trial court reviewed in camera at an in camera hearing? (California, United States of America)
In reviewing a claim of insufficiency of the evidence, does the court review the entire record in the light of the whole record? (California, United States of America)
Is Defendant's appointed counsel permitted a supplemental brief in which he asked this court to conduct an independent review of the record pursuant to People v Wende? (California, United States of America)
Does the Court of Appeal have any authority to review the findings of an independent review of the entire record? (California, United States of America)
How have we reviewed the record in our review of the record on an appeal? (California, United States of America)
