Tooby's California Post-Conviction Relief for Immigrants

After a successful appeal, resulting in the vacation of a conviction, the appellant may exercise his or her statutory right to disqualify the original judge pursuant to Code of Civil Procedure § 170.6(2), even if s/he has already exercised this right once during the original proceedings.[11]  The intent of this statute is to protect a successful appellant from retaliation by a judge whose rulings have been reversed on appeal.[12]

[11] People v. Superior Court (Maloy) (2001) 91 Cal.App.4th 391.

[12] Ibid.