Legal Opinion

Berardi v. Superior Court

California Court of Appeal

Decided April 6, 2007No. D049444PublishedCited by 20 opinions

1Opinion of the Court

Opinion

HALLER, J.

George H. Berardi filed a pretrial motion to dismiss a grand jury indictment charging him with murder and conspiracy to commit murder. The trial court denied the motion, and Berardi petitioned for writ of mandate, requesting that the trial court be ordered to grant his dismissal motion. He contends dismissal is required under Penal Code 1 section 939.71 because the prosecution failed to properly and fully notify the grand jury of the existence of exculpatory evidence. He also asserts dismissal is required on due process grounds, contending the prosecution engaged in…

2Cases cited27 opinions

  1. People v. WatsonCalifornia Supreme Court · 1956
  2. Bank of Nova Scotia v. United StatesSupreme Court of the United States · 1988
  3. United States v. WilliamsSupreme Court of the United States · 1992
  4. People v. LawleyCalifornia Supreme Court · 2002
  5. People v. CahillCalifornia Supreme Court · 1993

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3Cited by20 opinions

  1. People v. UribeCalifornia Court of Appeal · 2011
  2. Berardi v. Superior CourtCalifornia Court of Appeal · 2008
  3. McGill v. Superior CourtCalifornia Court of Appeal · 2011
  4. Packer v. Superior CourtCalifornia Court of Appeal · 2011
  5. People v. BecerraCalifornia Court of Appeal · 2008

15 more not listed; retrieve them via the Exa API.

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