Legal Opinion
People v. Davis
California Court of Appeal
Decided November 9, 1984No. B003562PublishedCited by 8 opinions
1Opinion of the Court
Opinion
JOHNSON, J.
—This appeal challenges the order of the trial court granting the respondent’s motion to dismiss the information pursuant to Penal Code section 995. The central issue raised on appeal is whether the magistrate properly exercised his discretion when he refused to allow the respondent personally to cross-examine the prosecution’s sole witness at the preliminary hearing. Because we agree with the trial court the magistrate erred in this matter, we affirm.
I. Facts and Proceedings Below
On January 13, 1983, William Kingman shot Aubrey Smith, wounding him in the ear. Smith,…
2Cases cited39 opinions
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- Wainwright v. GoodeSupreme Court of the United States · 1983
- People v. MorseCalifornia Supreme Court · 1964
- People v. WindhamCalifornia Supreme Court · 1977
- People v. MattsonCalifornia Supreme Court · 1959
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3Cited by8 opinions
- People v. MirandaCalifornia Supreme Court · 1987
- People v. LaraCalifornia Court of Appeal · 2001
- People v. PenaCalifornia Court of Appeal · 1992
- Scott v. Superior CourtCalifornia Court of Appeal · 1989
- People v. HuttonCalifornia Court of Appeal · 1986
3 more not listed; retrieve them via the Exa API.