Legal Opinion
People v. Smith
California Court of Appeal
Decided November 14, 1961No. Crim. 7664PublishedCited by 21 opinions
1Opinion of the CourtBurke, P. J.
May a defendant file an affidavit under section 170.6 of the Code of Civil Procedure to disqualify a judge from hearing a purported violation of probation where the judge has had no previous connection with the ease? This is the basic issue presented in this appeal.
On August 27, 1959, defendant was convicted of a violation of section 480 of the Vehicle Code, a felony. Judge Bayard Rhone, who tried the case, granted defendant probation for a term of three years with one of the conditions being that he spend ninety days in the county jail.
Defendant was subsequently convicted of battery in the…
2Cases cited7 opinions
- Johnson v. Superior CourtCalifornia Supreme Court · 1958
- Jacobs v. Superior CourtCalifornia Supreme Court · 1959
- Pappa v. Superior CourtCalifornia Supreme Court · 1960
- Eagle Maintenance & Supply Co. v. Superior CourtCalifornia Court of Appeal · 1961
- McCauley v. Superior CourtCalifornia Court of Appeal · 1961
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Oak Grove School District v. City Title InsuranceCalifornia Court of Appeal · 1963
- McClenny v. Superior CourtCalifornia Supreme Court · 1964
- People v. PreyerCalifornia Court of Appeal · 1985
- Maas v. Superior Court of San Diego CountyCalifornia Supreme Court · 2016
- People v. KellerCalifornia Court of Appeal · 1966
16 more not listed; retrieve them via the Exa API.