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Name: People v. Harrison
Case #: F022835
District 5 DCA
Opinion Date: 10/01/2001
Subsequent History: Rev. denied 1/16/02.

The vexatious litigant statutes (Code Civ. Proc., sec. 391 et seq.), do not apply to criminal proceedings. In long and convoluted criminal proceedings (including a period of incompetency to stand trial), the court found the defendant was a vexatious litigant and prohibited him from pro per filings without leave from the Presiding Judge. Various Marsden (People v. Marsden (1970) 2 Cal.3d 118), motions were stamped received but not filed. However, the error was harmless because thereafter the court hearing the trial expressly instructed defendant to submit any Marsden or other motion to him prior to trial. There was no showing of prejudice by failing to hear defendant’s complaints at any earlier time.