What is the proper procedure for prosecutors to appeal against a finding that no prima facie case has been established?

California, United States of America


The following excerpt is from People v. Reed, 232 Cal.Rptr.3d 81, 4 Cal.5th 989, 416 P.3d 68 (Cal. 2018):

6 In cases where the trial court has concluded no prima facie case has been established, it is the better practice to "offer prosecutors the opportunity to state their reasons so as to enable creation of an adequate record for an appellate court, should it disagree with the first-stage ruling, to determine whether any constitutional violation has been established." (People v. Scott (2015) 61 Cal.4th 363, 388, 188 Cal.Rptr.3d 328, 349 P.3d 1028 (Scott ).)

Other Questions


What is the test for a defendant to appeal against a finding that no prima facie case has been established? (California, United States of America)
Does a trial court's invitation to the prosecutor to state his reasons for excusing a prospective juror constitute an implicit finding that appellant has established a prima facie case of intentional racial discrimination? (California, United States of America)
What is the proper disposition on appeal from a judgment of the Superior Court of Appeal finding defendant guilty of second degree murder? (California, United States of America)
Can a defendant bring a claim against a prosecutor for misconduct on appeal against the finding that the prosecutor made inappropriate comments about a change in the defense? (California, United States of America)
What is the test for establishing that a verified memorandum is prima facie evidence of proper charges? (California, United States of America)
What are the findings of the Court of Appeal at the Superior Court of Justice on Beach's appeal against a finding that an autopsy photograph of the victim was unduly prejudicial and lacked probative value? (California, United States of America)
Is Lucas entitled to appeal against the Court of Appeal's finding that Lucas must pay costs on appeal? (California, United States of America)
What is the test for establishing "possible evidence to establish prima facie" of conspiracy? (California, United States of America)
Does a defendant have to establish a prima facie case, or strong likelihood, that during jury selection impermissible group bias was the basis for the prosecutor's use of peremptory challenges to remove the only two African-American jurors? (California, United States of America)
What is the test for establishing that a party is entitled to appeal against the findings of the Court of Appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.