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Frank Is a Judge in the Los Angeles County Superior

Question 54

Multiple Choice

Frank is a judge in the Los Angeles County Superior Court. He has been a judge for 10 years and has served in both civil and criminal courts. The governor has informed Frank that he is being appointed to the California Court of Appeals. He will be in the Second District which covers Los Angeles, Ventura, Santa Barbara and San Luis Obispo counties. Frank has some questions about his new job. Is Frank required to vote to reverse a criminal case if constitutional errors occurred at trial?


A) Yes, the defendant's constitutional rights must be protected.
B) He should vote to reverse only if he is convinced that error affected the outcome of the case.
C) He should not vote to reverse due to constitutional errors because only the federal appellate courts are allowed to consider constitutional issues.
D) He should not vote to reverse if the error occurred in a jury trial because appellate judges must respect the jury's determination of guilt.

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