What is the standard of review for post-conviction relief?

In California, post-conviction relief is reviewed at the appellate court level. The standard of review is governed by the California Penal Code 1181. This code establishes a specific standard of review for post-conviction relief in criminal cases. Under this code, an appellate court must review the lower court’s decision for any errors of fact or law. If there are any errors, the appellate court can reverse the lower court’s decision. When reviewing a case, the appellate court must consider the entire record from the lower court. This includes the original court proceedings and any evidence that was presented to the lower court. The appellate court can also consider any new evidence and argument that was not presented during the lower court proceedings. The appellate court’s decision is based on the law, not on any personal opinions or biases. The court looks only at the facts and the law as they appear in the record. If the court finds a factual or legal error, the court can reverse the lower court’s decision. The court can also reverse the lower court’s decision if it believes that the lower court’s decision was contrary to the evidence presented. In summary, the standard of review for post-conviction relief in California requires an appellate court to review the error of fact or law in the lower court’s decision. The court must consider the entire record and can consider any new evidence. The court’s decision is based on the law, not on any personal opinion or bias. If the court finds a factual or legal error, the court can reverse the lower court’s decision.

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