Legal Opinion
In Re Kowalski
California Court of Appeal
Decided November 10, 1971No. Crim. 5038PublishedCited by 22 opinions
1Opinion of the Court
Opinion
BROWN (Gerald), P. J.
Stephen Richard Kowalski petitions for a writ of habeas corpus, asserting he is entitled to be discharged and released from custody, the trial court having granted a motion to set aside his indictment, and ordering the case dismissed. Later, another superior court judge set aside the dismissal, taking the position it was void as being in excess of jurisdiction. The latter judge set a date for Kowalski’s retrial, and fixed bail. We have concluded the order setting aside the dismissal was void and Kowalski is entitled to be discharged.
On May 12, 1971, Kowalski was…
2Cases cited9 opinions
- Williams v. Superior CourtCalifornia Supreme Court · 1939
- People v. BurchCalifornia Court of Appeal · 1961
- People v. GraceCalifornia Court of Appeal · 1928
- Ex parte ClarkeCalifornia Supreme Court · 1880
- People v. MacCagnanCalifornia Court of Appeal · 1954
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- BRET HARTE INN, INC v. City and County of San FranciscoCalifornia Supreme Court · 1976
- People v. CastelloCalifornia Court of Appeal · 1998
- People v. RivaCalifornia Court of Appeal · 2003
- In Re AlbertoCalifornia Court of Appeal · 2002
- Ford v. Superior CourtCalifornia Court of Appeal · 1986
17 more not listed; retrieve them via the Exa API.