Legal Opinion
People v. Abdul Y.
California Court of Appeal
Decided April 20, 1982No. Civ. 20432PublishedCited by 36 opinions
1Opinion of the Court
Opinion
SPARKS, J.
In Parnell v. Superior Court (1976) 61 Cal. App.3d 430 [132 Cal.Rptr. 535], we held in a per curiam opinion that a hearing in a criminal case on a motion under Penal Code section 1538.5 for the suppression of evidence did not constitute a proceeding “relating to the merits” within the meaning of Code of Civil Procedure section 170.6. We have reexamined that ex cathedra pronouncement and, as we shall explain, find it does not withstand scrutiny. We therefore overrule Parnell and hold instead that a peremptory motion to disqualify the judge who had earlier conducted a…
2Cases cited66 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- In Re GAULTSupreme Court of the United States · 1967
- Fare v. Michael C.Supreme Court of the United States · 1979
- Gannett Co. v. DePasqualeSupreme Court of the United States · 1979
- Breed v. JonesSupreme Court of the United States · 1975
61 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- People v. BeanCalifornia Supreme Court · 1988
- People v. WebbCalifornia Supreme Court · 1993
- People v. RiveraCalifornia Supreme Court · 1985
- People v. Christian J.California Court of Appeal · 1984
- Stephens v. Superior CourtCalifornia Court of Appeal · 2002
31 more not listed; retrieve them via the Exa API.