Challenge to Judge

Name: C.C. v. Superior Court
Case #: G040580
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 09/11/2008
  • Categories: Appeals, Challenge to Judge, Dependency (300), Misc, Pretrial Motions, Scope of Remand

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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Name: Foosadas v. Superior Court
Case #: C049375
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/22/2005
  • Categories: Challenge to Judge, Pretrial Motions

Appellant was arraigned on a felony complaint and made several appearances before a Commissioner. When his preliminary hearing was set before the Commissioner, he filed a written notice of nonstipulation. The Commissioner disallowed his refusal to stipulate, citing a posted…

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Name: Hemingway v. Superior Court
Case #: G033896
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 09/30/2004
  • Categories: Challenge to Judge, Extraordinary Remedies, Pretrial Motions, Prohibition

A defendant’s motion to disqualify a judge cannot be denied as untimely based on the court’s own invalid assignment of the case to itself. Prior to arraignment, the defendant appeared in court without counsel twice before the same judge; the…

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Name: People v. Superior Court (Cooper)
Case #: H025229
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/18/2003
Subsequent History: Rehrg. den. 1/15/04
  • Categories: Challenge to Judge, Pretrial Motions, Procedure/Evidence, Search & Seizure

Unlike a relitigated motion to suppress to under Penal Code section 1538.5, a relitigated motion to suppress raised in the context of a motion to dismiss under Penal Code section 995 need not be heard by the judge who heard…

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Name: Robles v. Superior Court
Case #: B165126
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 07/31/2003
Subsequent History: 5/14/03: Revw. granted & case transferred to COA to vacate orders denying mandate & issue alternative writ. Tr.crt. proceedings stayed pending COA action on writ.
  • Categories: Challenge to Judge, Pretrial Motions

The defendant tried to disqualify the judge assigned after the parties had entered into a genuine stipulation under Penal Code section 1387.2, that in lieu of a required dismissal (for failure to bring to trial within 60 days) and permitted…

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Name: Peracchi v. Superior Court (People)
Case #: S103681
Court: CA Supreme Court
District CalSup
Opinion Date: 06/23/2003
Subsequent History: None
  • Categories: Challenge to Judge, Pretrial Motions

Code of Civil Procedure section 170.6, subdivision (2) does not permit a challenge to a trial court judge following remand after appeal, if the sole task left for the trial court is to resentence the defendant. The statute requires assignment…

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Name: People v. Superior Court (Jimenez)
Case #: B148656
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 06/28/2001
Subsequent History: Rev. granted 10/10/01 as People v. Los Angeles Superior Court (Jiminez) (S099542)
  • Categories: Challenge to Judge, Pretrial Motions

Editor's note: Review granted. Appellant's motion to suppress evidence was granted and the original action against him was dismissed. A second felony complaint was refiled, which, under Penal Code section 1538.5, subdivision (p), was required to be heard by the…

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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
  • Categories: Challenge to Judge, Pretrial Motions

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…

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