Challenge to Judge Archives

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: People v. Superior Court (Oliva)

Case #: E072283

Opinion Date: 06/27/2019

Categories: Challenge to Judge, Pretrial Motions

Summary

After the prosecution successfully moved to dismiss a case, a new case began when the prosecution filed a complaint with the same charges and, as a result, the simultaneously filed peremptory challenge against the judge was timely. The defendant was…

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Name: Birts v. Superior Court (San Mateo)

Case #: A152923

Opinion Date: 04/11/2018

Categories: Challenge to Judge, Pretrial Motions

Summary

Prosecution's peremptory challenge to judge who was reassigned to case when it was refiled should have been denied as untimely because it was a clear effort by the prosecution to avoid the trial judge's orders in previously dismissed case. Birts…

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Name: Maas v. Superior Court

Case #: S225109

Opinion Date: 11/07/2016

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

Summary

Under Code of Civil Procedure section 170.6, a party may challenge judge assigned to assess and rule on a petition for writ of habeas corpus at the initial stage of the habeas corpus process, before an order to show cause…

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Name: People v. Superior Court (Tejeda)

Case #: G052932

Opinion Date: 07/25/2016

Categories: Challenge to Judge, Pretrial Motions

Summary

Based on the reasoning in Solberg v. Superior Court (1977) 19 Cal.3d 182, a district attorney may disqualify a particular trial judge in every murder case (Code Civ. Proc., § 170.6) even though the blanket challenge substantially disrupts the trial…

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Name: Jones v. Superior Court (Nevada County)

Case #: C080359

Opinion Date: 04/08/2016

Categories: Challenge to Judge, Pretrial Motions

Summary

The one-judge-court deadline to challenge a judge under Penal Code section 170.6, does not apply to branches of a superior court for which there is only one assigned judge. Petitioners were charged with a drug offense in the Truckee branch…

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Name: Maas v. Superior Court (San Diego County)

Case #: D064639

Opinion Date: 12/10/2014

Categories: Areas Constitutional Law, Challenge to Judge, Due Process, Pretrial Motions

Summary

Defendant who petitions for writ of habeas corpus has a right to challenge the judge assigned to the petition when the matter is given to a judge other than the original trial judge. Maas, who was serving a life Three…

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Name: People v. Peyton

Case #: B248767

Opinion Date: 09/16/2014

Categories: Admitting/Excluding, By CALCRIM Number, Challenge to Judge, Evidence, Hearsay, Jury Instructions, Pretrial Motions, Right to Counsel, Self-Representation, Similars/Character/Conduct

Summary

Trial court did not err in denying Caperton motion for judicial disqualification where defendant failed to show an unconstitutional level of actual bias. Peyton was charged with two counts of receiving stolen property and one count of identity theft. After…

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Name: D.M. v. Superior Court (Los Angeles County)

Case #: B228530

Opinion Date: 06/17/2011

Categories: Challenge to Judge, Pretrial Motions

Summary

A challenge to a juvenile court referee on the basis of Code of Civil Procedure section 170.6 was not untimely when the referee had not yet made a determination of contested fact issues and the presiding judge lacked authority to…

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Name: C.C. v. Superior Court

Case #: G040580

Opinion Date: 09/11/2008

Categories: Appeals, Challenge to Judge, Dependency (300), Misc, Pretrial Motions, Scope of Remand

Summary

Civil Procedure Code section 170.6, subdivision (a)(2), which allows a challenge to a judge following reversal on appeal, applies only where the remand requires reexamination of a factual or legal issue, and not where the remand is for the performance…

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