What is the standard for independent review in criminal cases?

California, United States of America


The following excerpt is from People v. Reyna, G054426 (Cal. App. 2018):

We independently review whether a witness was unavailable to testify at trial. (People v. Foy (2016) 245 Cal.App.4th 328, 339 (Foy).) Under this standard, a reviewing court defers to the trial court as to factual findings, to the extent that the findings are supported by substantial evidence, but "'independently review[s] whether the facts demonstrate prosecutorial good faith and due diligence.' [Citation.]" (Ibid.)

Other Questions


What is the standard of review for a jury to consider the credibility of eyewitness evidence in a criminal case? (California, United States of America)
What is the substantial evidence standard of review in a criminal case? (California, United States of America)
What is the applicable standard of review for an application of the independent review test? (California, United States of America)
What is the standard of review in a criminal case where the prosecution relied primarily on circumstantial evidence? (California, United States of America)
What is the standard of review for admitting evidence of a gang in a criminal case? (California, United States of America)
What is the standard of review in a challenge to the sufficiency of evidence in a criminal case? (California, United States of America)
On appeal, what is the standard of review in the context of a motion for summary review of the facts of the case? (California, United States of America)
What is the standard of review for misconduct in a criminal case? (California, United States of America)
What is the standard of review for a claim of insufficiency of evidence in a criminal case? (California, United States of America)
What is the substantial evidence standard of review in a sexual assault case when the prosecution case is based on circumstantial evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.