California Legal Brief

AI-Generated Practitioner Briefs of California Appellate Opinions

residual discretion

1 opinion tagged “residual discretion”

Flareau v. Super. Ct. 2/18/26 CA4/2

The Rule of Flareau is that a trial court abuses its residual discretion when denying mental health diversion based on finding that other factors were "more" motivating than the defendant's mental disorder, under circumstances where the defendant is eligible for diversion and the mental disorder was at least a contributing factor to the offense.