Legal Opinion
Casey v. Superior Court
California Court of Appeal
Decided January 31, 1989No. C000132PublishedCited by 9 opinions
1Opinion of the Court
Opinion
CARR, J.
Petitioner Cynthia Ann Casey seeks prohibition restraining the Superior Court of Calaveras County from proceeding to trial on action No. 2311, People v. Cynthia Ann Casey. She contends such prosecution is barred by Penal Code section 1387 1 by reason of two prior dismissals on the same cause of action in the San Joaquin Municipal Court.
Section 1387, as relevant herein, provides: “An order terminating an action pursuant to this chapter . . . is a bar to any other prosecution for the same offense if it is a felony . . . and the action has been previously terminated pursuant to…
2Cases cited28 opinions
- People v. OrinCalifornia Supreme Court · 1975
- Wildlife Alive v. ChickeringCalifornia Supreme Court · 1976
- People v. Superior CourtCalifornia Supreme Court · 1968
- In re GriffinCalifornia Supreme Court · 1967
- People Ex Rel. Younger v. Superior CourtCalifornia Supreme Court · 1976
23 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ziesmer v. Superior CourtCalifornia Court of Appeal · 2003
- State v. HanlonSupreme Court of Vermont · 1995
- In re Kocontes, California Court of Appeal, 4th District2016
- Ziesmer v. Superior CourtCalifornia Court of Appeal · 2003
- Barron v. Super. Ct.California Court of Appeal · 2023
4 more not listed; retrieve them via the Exa API.