Legal Opinion
Bellante v. Superior Court
Appellate Division of the Superior Court of California
Decided May 20, 2010No. S-1500-AP-721PublishedCited by 2 opinions
1Opinion of the Court
Opinion
LAMPE, P. J.
This matter came before the court on a petition for writ of prohibition by petitioner and defendant Matthew Bellante on the grounds that the trial court’s denial of Bellante’s motion to dismiss for failure of a “speedy trial” was in error. This court granted an alternative writ and stayed further trial proceedings. Real party in interest (the People) filed a response, and petitioner filed his reply. The matter was heard at argument on April 9, 2010.
Technically, the petition is more properly viewed as one for mandamus, not prohibition. An alleged attempted departure from…
2Cases cited8 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Redevelopment Agency v. City of BerkeleyCalifornia Court of Appeal · 1978
- Serna v. Superior CourtCalifornia Supreme Court · 1985
- United States v. David B. MitchellCourt of Appeals for the Eleventh Circuit · 1985
- Gallenkamp v. Superior CourtCalifornia Court of Appeal · 1990
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3Cited by2 opinions
- Dews v. Appellate Division of the Superior CourtCalifornia Court of Appeal · 2014
- Leaututufu v. Superior CourtAppellate Division of the Superior Court of California · 2011