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Name: People v. Superior Court (Maloy)
Case #: F037893
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/07/2001
Subsequent History: None

Section 170.6 of the Code of Civil Procedure permits the disqualfication of a judge who is reversed on appeal over the issue of whether a prosecution is barred by the statute of limitations. The policy of the statute is to prevent a judge from reacting with a certain pique to the negative treatment of his or her decisions by a higher court. The statute’s requirement that the reversed judge be assigned to conduct “a new trial” is interpreted to include the conducting of a trial after the appellate court concludes the prosecution is not barred by the statute of limitations, and reverses the order dismissing the action before it was ever tried.