Legal Opinion
People v. Vila
California Court of Appeal
Decided November 27, 1984No. Crim. 44823PublishedCited by 7 opinions
1Opinion of the Court
Opinion
THOMPSON, J.
The People appeal (Pen. Code, § 1238, subd. (a)(8)) from the order dismissing for lack of a speedy trial an indictment filed against defendant Jaime Vila. Defendant, a federal prisoner, was not informed of the pending indictment until four years after it was returned. We will conclude that Penal Code section 1381.5 1 has an implicit notice requirement and the trial court properly found, on balance, a federal constitutional violation. Accordingly, we will affirm the judgment.
Factual Background
On September 13, 1978, a “secret” indictment (case No. A345700) by the grand jury…
2Cases cited27 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- United States v. MarionSupreme Court of the United States · 1971
- Klopfer v. North CarolinaSupreme Court of the United States · 1967
- Smith v. HooeySupreme Court of the United States · 1969
- United States v. MacDonaldSupreme Court of the United States · 1982
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3Cited by7 opinions
- People v. YoungCalifornia Court of Appeal · 1991
- People v. GarciaCalifornia Court of Appeal · 1985
- People v. OIKNINECalifornia Court of Appeal · 1999
- Harvey v. StateWyoming Supreme Court · 1989
- Harvey v. StateWyoming Supreme Court · 1989
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