Scope of Review Archives

Categories: Appeals, Areas Constitutional Law, Choice of Counsel, Other, Right to Counsel, Scope of Review

Summary

Prosecution may have violated Brady by failing to disclose extent of witness's relationship with law enforcement. Yepiz and eight other codefendants were convicted of a number of offenses, including violations of the RICO Act. They appealed on various grounds including…

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Name: Johnson v. Williams

Case #: 11-465

Opinion Date: 02/20/2013

Categories: Appeals, Extraordinary Remedies, Habeas Corpus (Federal), Review Principles, Scope of Review

Summary

A claim has been "adjudicated on the merits" in the state court and is subject to deferential review under AEDPA when the state court issues an opinion that addresses some of the defendant's issues, but not the federal claim. Defendant…

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Name: People v. Serrano

Case #: H036373

Opinion Date: 11/28/2012

Categories: Appeals, Duties of Counsel, Procedure, Scope of Review

Summary

When an appeal originates from a postconviction proceeding rather than a first appeal of right, the Court of Appeal is not required to conduct a Wende review. Appellant faced deportation as a result of a criminal conviction. He initially appealed…

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Name: People v. Polk

Case #: A117633

Opinion Date: 12/13/2010

Categories: Appeals, Procedure, Scope of Review

Summary

Defendant's failure to make a timely and specific objection on the ground asserted on appeal makes that ground not cognizable. Appellant was charged with her husband's murder. The first trial resulted in a mistrial when defense counsel suffered a family…

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Name: People v. Ennis

Case #: G041481

Opinion Date: 12/01/2010

Categories: Admitting/Excluding, Appeals, Evidence, Review Principles, Scope of Review, Similars/Character/Conduct

Summary

The "inherent improbability" standard for rejecting evidence on appeal applies only when evidence is physically impossible or false on its face without resort to inferences or deductions. A jury found appellant guilty of various sex offenses based on the sexual…

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Name: People v. Wilkinson

Case #: F057537

Opinion Date: 06/09/2010

Categories: Appeals, Areas Constitutional Law, Civil Commitments, CRC, Due Process, Scope of Review

Summary

A person facing civil commitment, based on mental retardation and dangerousness to herself and others pursuant to Welfare and Institutions Code section 6500, has a right to be present at the hearing. The potential loss of liberty entitles the person…

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Name: Ponce v. Felker

Case #: 08-56218

Opinion Date: 05/24/2010

Categories: Appeals, Scope of Review

Summary

The U.S. Supreme Court decision in Giles v. California (2008) 128 S.Ct. 2678, holding that the forfeiture by wrongdoing exception to the right of confrontation applies only if the defendant specifically intended to prevent the witness from testifying is a…

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Name: Chioino v. Kernan

Case #: 08-15265

Opinion Date: 09/21/2009

Categories: Appeals, Constitutional Rights, Scope of Review, Sentencing

Summary

When the reviewing court finds Cunningham/Blakely error, the remedy is remand for resentencing, as opposed to an order for imposition of amended sentence. In the state court, petitioner pled guilty to robbery and accompanying enhancements and was sentenced to the…

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Name: People v. Mena

Case #: D052091

Opinion Date: 05/19/2009

Categories: Appealable Orders, Appeals, Identification, Pre-trial, Scope of Review

Summary

When a defendant fails to challenge the denial of a line-up motion with a peremptory writ, the issue is waived for direct appeal purposes. Appellant was convicted by jury trial of two counts of assault with gang enhancements and one…

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Name: People v. Cuevas

Case #: S147510

Opinion Date: 07/10/2008

Categories: Appealable Orders, Appeals, Plea Bargaining, Pleas, Scope of Review

Summary

When the sentence imposed is a result of a negotiated plea agreement, an appellate claim of sentencing error resulting from a Penal Code section 654 violation is a challenge to the plea requiring issuance of a certificate of probable cause.…

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