Can a preliminary hearing be held on the basis that the prosecution attorney did not raise any relevant issues at the preliminary hearing?
California, United States of America
The following excerpt is from People v. Iocca, 112 Cal.Rptr. 102, 37 Cal.App.3d 73 (Cal. App. 1974):
Preliminary, we note that since these matters were not raised by the prosecuting attorney at the preliminary hearing, we could well consider that they were waived (People v. Stanley, 206 Cal.App.2d 795, 24 Cal.Rptr. 128). However, we deem it our duty to discuss and dispose of the People's contention as it is one of first impression.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
What duty does the trial court have to instruct the jury as to the principles of law relevant to the issues raised by the issue? (California, United States of America)
Does the absence of a witness from the jurisdiction of a preliminary hearing preclude a defendant from giving evidence at trial of his preliminary hearing testimony? (California, United States of America)
Can a party who fails to raise issues before the trial court raise new issues on appeal? (California, United States of America)
Is a plaintiff's attorney ineffective by failing to raise beneficial parental relationship issue as part of his request for a contested hearing? (California, United States of America)
Can a defendant personally raise the issue of ineffective assistance of counsel by bringing a motion to discharge his attorney and appoint a new attorney? (California, United States of America)
If a defendant's request for reappointment of counsel for a preliminary hearing was rejected immediately before the preliminary hearing commenced, is such error harmless even under the beyond-the-reasonable doubt standard? (California, United States of America)
If the court's reasons were not presented at the serious offender hearing, would they have been considered relevant to the issues raised? (California, United States of America)
Does the absence of an attorney from a State Bar hearing constitute an obligation of the accused attorney to attend the hearing? (California, United States of America)
Does the use of the words "district attorney or other appropriate prosecuting officer has filed" indicate an intent to proceed by way of a preliminary hearing? (California, United States of America)
