Legal Question in Appeals and Writs in California

Re: can a judge defy the court of appeal

Lower courts must follow the ruling of higher courts. If your trial judge did not, you have to appeal or petition for a writ for the ruling he made which you think conflicts with the appeal court opinion. And you might look at the law which says after reversal on appeal you can be entitled to ask for assignment to a new judge.

Re: can a judge defy the court of appeal

A trial judge must follow directions from the Court of Appeal if they were given in the same case. How sure are you that the trial court's actions conflict with the appellate court's order?

Re: can a judge defy the court of appeal

It would depend on what was reversed and what the exact language of the opinion stated. When a judgment is reversed without directions, on remand, the parties are placed in the same position as before rendition of the reversed judgment. �When that judgment was unqualifiedly reversed, however, the effect was the same as if it had never been entered, except that on a retrial the opinion of the Court of Appeal must be followed as far as applicable.� (Weisenburg v. Cragholm (1971) 5 Cal. 3d 892, 896.)

When the appellate court issues directions, the lower court (trial court) must follow them. If it does not follow them, a petition for writ is a remedy, or you can wait to appeal again.

This seems to be the trend nowadays, and I have seen trial judges ignore the appellate court's directions. The appellate justices are not too keen on it, but the trial court knows you will have to go through a deal of time and expense to have appellate review all over again.

Very truly yours,