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Name: Rayyis v. Superior Court
Case #: B181214
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 10/06/2005
Summary

Proposition 8 does not abrogate the corpus delicti rule at preliminary hearings. The trial court here concluded that under the California Supreme Court decision in People v. Alvarez (2002) 27 Cal.4th 1161, the corpus delicti rule no longer applies to preliminary hearings. The appellate court disagreed, noting that Proposition 8 only changes the rule excluding the defendant’s extra judicial statements under the corpus delicti rule. Proposition 8 does not alter the substantive aspects of the rule that are unrelated to the introduction of evidence. Thus, although there is no longer a basis for excluding a defendant’s statements from a preliminary hearing under the corpus delecti rule, the rule still applies to preliminary hearings, and the prosecution must establish probable cause at the preliminary hearing without relying solely on the defendant’s out of court statements.