Legal Opinion

Greenberger v. Superior Court

California Court of Appeal

Decided March 22, 1990No. B047792PublishedCited by 9 opinions

1Opinion of the Court

Opinion

WOODS (Fred), J.

Does the statutory preference for a joint trial (Pen. Code, § 1098)1 constitute good cause (§ 1382) to delay for six months the murder trial of an in-custody defendant? Our answer is yes, if, as in the instant case, the circumstances are sufficiently exceptional.

Factual and Procedural Background

On May 13, 1983, according to the information, Roy Radin was kidnapped and murdered. On May 3, 1984, June Mincher was murdered and Christian Pierce was the victim of an attempted murder.

Not until September 27, 1988, five and one-half years after the Radin murder, were charges…

2Cases cited36 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. Bruton v. United StatesSupreme Court of the United States · 1968
  4. Richardson v. MarshSupreme Court of the United States · 1987
  5. United States v. LovascoSupreme Court of the United States · 1977

31 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. People v. GreenbergerCalifornia Court of Appeal · 1997
  2. People v. SuttonCalifornia Supreme Court · 2010
  3. In Re SamanoCalifornia Court of Appeal · 1995
  4. Arroyo v. Superior CourtCalifornia Court of Appeal · 2004
  5. People v. HajjajCalifornia Court of Appeal · 2009

4 more not listed; retrieve them via the Exa API.

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