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Legal Opinion

Rhinehart v. Municipal Court

California Supreme Court

Decided April 5, 1984No. L.A. 31796PublishedCited by 59 opinions

1Opinion of the Court

Opinion

BIRD, C. J.

Is an accused “brought to trial” within the meaning of Penal Code section 1382 when the trial court impanels a jury on the last day for trial permitted by that statute but the case cannot proceed due to court congestion?

I

A complaint was filed May 22, 1981, 1 charging Stanley Rhinehart with driving while under the influence of alcohol, a misdemeanor violation of former section 23102, subdivision (a) of the Vehicle Code. Mr. Rhinehart was arraigned on June 22nd. On July 13th, he pleaded not guilty and requested a jury trial. With his consent, the trial was originally set for…

2Cases cited16 opinions

  1. People v. JohnsonCalifornia Supreme Court · 1980
  2. Sykes v. Superior CourtCalifornia Supreme Court · 1973
  3. People v. WeissCalifornia Supreme Court · 1958
  4. United States v. Gonzalo GonzalezCourt of Appeals for the Eleventh Circuit · 1982
  5. Owens v. Superior CourtCalifornia Supreme Court · 1980

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

3Cited by59 opinions

  1. People v. LewisCalifornia Supreme Court · 2001
  2. State v. HoffmanSouth Dakota Supreme Court · 1987
  3. Andrus v. Municipal CourtCalifornia Court of Appeal · 1983
  4. People v. SantamariaCalifornia Court of Appeal · 1991
  5. People v. HAJJAJCalifornia Supreme Court · 2010

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

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