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All California appellate courts are required by the California Constitution to decide criminal cases in writing with reasons stated (meaning that even in criminal appeals where the defendant's own lawyer has tacitly conceded that the appeal has no merit, [6] the appellate decision must summarize the facts and law of the case and review possible ...
The Court has original jurisdiction in a variety of cases, including habeas corpus proceedings, and has the authority to review all the decisions of the California courts of appeal, as well as an automatic appeal for cases where the death penalty has been issued by the trial court.
Dicta from the California Supreme Court is entitled to great weight, and the Court of Appeal rarely exercises its power to disregard the high court's gratuitous statements about California law. [10] Cases from other states are often cited in California appellate opinions, particularly when the out-of-state decisions disagree with one another. [11]
The Hall case has been described as "containing some of the most offensive racial rhetoric to be found in the annals of California appellate jurisprudence" and "the worst statutory interpretation case in history." [43] Houston v. Williams (1859): [44] A leading case on the separation of powers [45] under the California Constitution. Escola v.
Martinez v. Court of Appeal of California, 528 U.S. 152 (2000), is a United States Supreme Court case in which the Court decided an appellant who was the defendant in a criminal case cannot refuse the assistance of counsel on direct appeals.
The appellate court reviews issues of law de novo (anew, no deference) and may reverse or modify the lower court's decision if the appellate court believes the lower court misapplied the facts or the law. An appellate court may also review the lower judge's discretionary decisions, such as whether the judge properly granted a new trial or ...
One quirk of California law is that when a party petitions the appellate courts for a writ of mandate (California's version of mandamus), the case name becomes [petitioner name] v. Superior Court (that is, the superior court is the respondent on appeal), and the real opponent is then listed below those names as the "real party in interest".
Courts of California include: Headquarters of the Supreme Court of California, in San Francisco. State courts of record of California. Supreme Court of California [1] California Courts of Appeal (6 appellate districts) [2] Superior Courts of California (58 courts, one for each county) [3] State quasi-administrative courts of California