Legal Opinion
Blake v. Superior Court
California Court of Appeal
Decided July 16, 1980No. Civ. 19072PublishedCited by 13 opinions
1Opinion of the Court
Opinion
EVANS, J.
Penal Code section 859b 1 has been held to provide an absolute right in favor of persons in custody charged with felonies to have a preliminary examination commenced within 10 court days after they have been arraigned. (Serrato v. Superior Court (1978) 76 Cal.App.3d 459, 464 [142 Cal.Rptr. 882].)
The primary question presented by this writ petition is whether the absolute right to a preliminary examination within 10 days of arraignment applies to petitioner who, at the time of his arraignment, was confined in Folsom Prison following a conviction on unrelated charges.
We conclude…
2Cases cited14 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- United States v. MarionSupreme Court of the United States · 1971
- Moore v. ArizonaSupreme Court of the United States · 1973
- Hawkins v. Superior CourtCalifornia Supreme Court · 1978
- People v. HannonCalifornia Supreme Court · 1977
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ng v. Superior CourtCalifornia Supreme Court · 1992
- People v. StandishCalifornia Supreme Court · 2006
- People v. ReederCalifornia Court of Appeal · 1984
- Ramos v. Superior CourtCalifornia Court of Appeal · 2007
- In Re SamanoCalifornia Court of Appeal · 1995
8 more not listed; retrieve them via the Exa API.