Legal Opinion
Lozoya v. Superior Court
California Court of Appeal
Decided March 3, 1987No. B022223PublishedCited by 4 opinions
1Opinion of the Court
Opinion
KLEIN, P. J.
—Petitioner Octavio Lozoya (Lozoya) seeks a writ of prohibition to restrain any further proceedings against him on a criminal information charging him with murder on the grounds he was committed by the magistrate without probable cause.
Because the magistrate’s finding of attenuation is not supported by the record, the petition is granted.
Factual and Procedural Background 1
On the evening of January 11, 1986, Michael Mosby (Mosby) was stabbed near the comer of 131 st Street and Vermont Avenue in Los Angeles County, and died shortly thereafter.
On the morning of February 6,…
2Cases cited16 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Brown v. IllinoisSupreme Court of the United States · 1975
- Dunaway v. New YorkSupreme Court of the United States · 1979
- Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
- Rawlings v. KentuckySupreme Court of the United States · 1980
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. GonzalezCalifornia Court of Appeal · 1998
- Walker v. State BarCalifornia Supreme Court · 1989
- People v. WashingtonCalifornia Court of Appeal · 1989
- P. v. Thomas CA4/2California Court of Appeal · 2013