Nienhouse v. Superior Court
California Court of Appeal
1Opinion of the Court
Opinion
HANING, J.
Petitioner Todd Ernest Nienhouse is charged with several possessory drug and firearm offenses. He moved to dismiss the information (Pen. Code, § 995) 1 on the ground that he had been denied a substantial right at his preliminary hearing. The magistrate refused to allow petitioner to elicit exculpatory hearsay evidence on cross-examination of the sole prosecution witness, a police officer, on the ground that Proposition 115, the Crime Victims Justice Reform Act, permits the use of hearsay only by the prosecution. The superior court denied the motion, apparently agreeing with…
2Cases cited14 opinions
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