Pretrial Motions Archives

Categories: 1368 Competence, Pretrial Motions

Summary

Sanctions were appropriate against the California Department of State Hospitals (DSH) because lack of hospital beds did not establish good cause or substantial justification for the delays in admitting defendants found incompetent to stand trial (IST). DSH failed to admit…

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Name: People v. Superior Court (Fernandez)

Case #: E078405

Opinion Date: 02/01/2023

Categories: Motions Dismiss/Strike, Preliminary Hearings, Probable Cause

Summary

Magistrate erred in dismissing torture-murder special circumstance where evidence showed a rational ground for concluding defendant had the intent to kill. Defendant was charged with the premeditated murder of his 13-week-old son (Pen. Code, § 187, subd. (a)), and with…

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Name: Medina v. Superior Court

Case #: G059331

Opinion Date: 06/29/2021

Categories: 1368 Competence, Pretrial Motions

Summary

The trial court and departments providing services must follow Penal Code section 1370.1 in providing treatment to those found incompetent to stand trial due to a developmental disability. In 2017, a trial court found Medina incompetent to stand trial due…

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Name: Stiavetti v. Clendenin

Case #: A157553

Opinion Date: 06/15/2021

Categories: 1368 Competence, Areas Constitutional Law, Due Process, Pretrial Motions

Summary

Persons found incompetent to stand trial and committed to the Department of State Hospitals (DSH) or the Department of Developmental Services (DDS) have a constitutional due process right to substantive services within a reasonable fixed period of time. When a…

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Name: Mendoza v. Superior Court

Case #: D078566

Opinion Date: 06/23/2021

Categories: Challenge to Judge, Extraordinary Remedies, Habeas Corpus (State), Pretrial Motions

Summary

In a habeas proceeding where no "new trial" is ordered, a peremptory challenge to the judge is subject to the 10-day deadline under Code of Civil Procedure section 170.6, subdivision (a)(2). Petitioner Mendoza filed a petition for writ of habeas…

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Name: Schumb v. Superior Court

Case #: H048532

Opinion Date: 05/28/2021

Categories: Challenges to D.A., Pretrial Motions

Summary

Trial court erred by failing to disqualify the entire district attorney's office from prosecuting defendant based on a conflict of interest. Schumb was charged with conspiracy to bribe, and bribing, an executive officer based on evidence that he and others…

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Name: Jensen v. Superior Court

Case #: H048548

Opinion Date: 05/28/2021

Categories: Challenges to D.A., Pretrial Motions

Summary

Trial court did not abuse its discretion in denying defendant's motion to disqualify the entire district attorney's office because he failed to show there was a conflict of interest as to him personally. Jensen, a sheriff's department captain, was charged…

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Name: People v. Graham

Case #: B300167

Opinion Date: 05/27/2021

Categories: Diversion - Mental Health, Pretrial Motions

Summary

Penal Code section 1001.36 requires a request for pretrial mental health diversion to be made prior to the return of a verdict. After defendant's "on-again, off-again boyfriend broke off their relationship for good, she stabbed him in the back and…

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Name: In re White

Case #: S248125

Opinion Date: 05/21/2020

Categories: Appeals, Arraignment & Bail, Pretrial Motions, Review Principles

Summary

Opinion By: Justice Cuéllar (joined by Chief Justice Cantil-Sakauye and Justices Chin, Corrigan, and Groban). Justice Kruger filed a concurring opinion, in which Justice Liu concurred. When a trial court denies a request for bail under article I, section 12,…

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Name: Daws v. Superior Court (People)

Case #: A157383

Opinion Date: 11/14/2019

Categories: Areas Constitutional Law, Motions Dismiss/Strike, Other, Pretrial Motions, Speedy Trial

Summary

Trial courts have inherent authority to determine by local rule or as a matter of courtroom practice what "proper notice" under Penal Code section 1382 means, so long as a defendant's speedy trial rights are protected. In November 2018, Daws…

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