What is an en banc court?

An en banc court is a type of court found in the Court of Appeals, which handles criminal appeals in California. It is made up of a panel of 11 judges and is convened to hear a particular case when the court deems it necessary. The purpose of an en banc court is to get a higher level of scrutiny of the evidence in a criminal appeal, as well as to provide a more comprehensive decision. The en banc court will consider the arguments from all parties before making a decision on the outcome of the case. The decision made by the en banc court will generally be one of the final decisions in a criminal appeal. If the en banc court decides in favor of the defendant, the case will be referred back to the original court (the trial court) for a re-trial. However, if the en banc court decides to uphold the lower court’s ruling, the case will be over and the defendant will have to accept the ruling or appeal to the California Supreme Court. It is important to note that an en banc court operates differently than a regular trial court and is only used in certain criminal appeals. Additionally, the en banc court provides a more thorough and complex review than a regular trial court, making it an important part of the appeal process in California.

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