In Calif. how many appellate judges does it take to AFFIRM a trial courts judgement on a three judge appellate court?
3 Answers from Attorneys
I agree with Mr. Shapiro. It takes 2.
Any decision by a three-judge appellate panel requires the vote of at least two justices. That's equally true of votes to affirm and of votes to reverse.
Note that cases often involve multiple issues. Justices who agree on some points often disagree on others. When that happens, there will usually be multiple opinions explaining where they agree and where they disagree.
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