In what circumstances will the court deny a defendant's claim that he was not informed of his right to counsel at the preliminary hearing?
California, United States of America
The following excerpt is from People v. Diaz, 206 Cal.App.2d 651, 24 Cal.Rptr. 367 (Cal. App. 1962):
In People v. Harding (1953) 116 Cal.App.2d 65, 66, 252 P.2d 1007, 1008, the court said concerning the defendant's claim in an application for a writ of error coram nobis that he was not informed of his right to counsel at the preliminary hearing. 'If any deficiency existed, the matter could have been raised by moving to set aside the information or by other appropriate and timely action.' (P. 66, 252 P.2d p. 1008.)
"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
How have the courts treated a defendant's claim that counsel failed to object to the trial court's incorrect belief that he had expressed no remorse at his initial sentencing hearing? (California, United States of America)
Does the Court of Appeal have found that Defendant Joiner did not waive his assumed constitutional right to be personally present at the remand hearing and that the court erred in conducting that hearing in his absence? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (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)
What are the implications of a defendant's failure to bring a motion for a hearing on a Defendant's Miranda rights claim? (California, United States of America)
Is a defendant's claim that he was advised by a superior court that he had a right to appointed counsel pursuant to section 987 of the Criminal Code? (California, United States of America)
What is the test for a defendant's claim that he was denied his constitutional right to due process of law because the trial court relieved the prosecution of its burden of establishing that defendant acted with malice? (California, United States of America)
How have courts interpreted "careful scrutiny" in a preliminary hearing where a defendant is denied the right to cross-examine witnesses? (California, United States of America)
In what circumstances has consent been inferred from a failure to object on a transcript of a preliminary hearing where a defendant submitted on the information to the trier of fact's consideration of a nonincluded offense? (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)
