Legal Opinion

Cox v. SUPERIOR COURT OF SHASTA CTY.

California Court of Appeal

Decided October 26, 1993No. C016269PublishedCited by 5 opinions

1Opinion of the Court

Opinion

SPARKS, Acting P. J.

Petitioner Kenneth Dean Cox, a defendant in a criminal prosecution below, contends he was illegally committed because the magistrate, relying on local court rules, refused to let him move for suppression of evidence at the preliminary hearing on the ground the motion was untimely under local rules. We shall hold that the relevant portions of the local rules are invalid because they conflict with state law and that the information must be dismissed for denial of a substantial right.

Procedural History

On May 20, 1993, Cox appeared for preliminary hearing on charges of…

2Cases cited10 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
  3. People v. ManningCalifornia Court of Appeal · 1973
  4. Cuevas v. Superior CourtCalifornia Court of Appeal · 1976
  5. People v. LewisCalifornia Court of Appeal · 1977

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3Cited by5 opinions

  1. California Court Reporters Ass'n v. Judicial CouncilCalifornia Court of Appeal · 1995
  2. Trans-Action Commercial Investors, Ltd. v. Firmaterr, Inc.California Court of Appeal · 1997
  3. Cooper v. Westbrook Torrey Hills, LPCalifornia Court of Appeal · 2000
  4. People v. BrittonCalifornia Court of Appeal · 2001
  5. Barajas v. Appellate DivisionCalifornia Court of Appeal · 2019

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