Pretrial Motions

Evidence at Bail Hearing

What evidence may a trial court consider at a bail hearing when evaluating whether the facts are evident or the presumption great with respect to a qualifying charged offense, and whether there is a substantial likelihood the person?s release would result in great bodily harm to others? (Cal. Const., art. I, § 12, subd. (b).)

Case: In re Harris (2021) 71 Cal.App.5th 1085, review granted 3/9/2022
Case Number: S272632/A162891
Updated: March 9, 2022
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When Does Incompetency Commitment End

Does an incompetency commitment end when a state hospital files a certificate of restoration to competency or when the trial court finds that defendant has been restored to competency?

Case: Rodriguez v. Superior Court (2021) 70 Cal.App.5th 628, review granted 1/5/2022
Case Number: S272129/H049016
Updated: January 5, 2022
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Prosecutor’s Improper Dismissal of a Grand Juror

Was defendant denied a "substantial right" (People v. Standish (2006) 38 Cal.4th 858, 882) by the prosecutor's improper dismissal of a grand juror? Held: A prosecutor's dismissal of a grand juror violates Penal Code section 939.5; only the grand jury foreperson may dismiss a grand juror. Avitia allegedly drove drunk, crashed into another car, and killed the other driver. The prosecution filed…

Case: Avitia v. Superior Court (2018) 6 Cal.5th 486
Case Number: S242030
Updated: December 24, 2018
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