Thursday, August 29, 2013

What is "abuse of discretion"?

Certain classic questions never go away because they provide endless opportunity for discussion and refinement: Why is the sky blue? Why are manhole covers round? Are we there yet?
In the appellate realm, one of those evergreen puzzlers is "what is abuse of discretion?"
For the latest judicial disputation, check out People v. Guzman, especially Justice Bedsworth's dissent...