What is the standard of review in a criminal appeal?

In a criminal appeal in California, the standard of review is the legal doctrine used to determine the amount of deference given to lower court decisions. This standard is used to ensure that appellate courts consider all the evidence as seen by the lower court before making a determination. The standard of review can vary depending on the level of the court making the decision. In California, the Supreme Court uses a “de novo” standard in criminal appeals. This means that the higher court has the power to make its own determination on the facts and law of the case without giving any deference to the decision of the lower court. In contrast, the Courts of Appeal use a less stringent “abuse of discretion” standard in criminal appeals. This standard requires that the appellate court pay close attention to the decision of the lower court, and only overturn it if they believe the lower court made an error. Overall, the standard of review applied in criminal appeals in California depends on the level of court making the decision. The Supreme Court uses a de novo standard, while the Courts of Appeal use an abuse of discretion standard.

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