Legal Opinion

Schlick v. Superior Court

California Supreme Court

Decided December 17, 1992No. S025973PublishedCited by 23 opinions

1Opinion of the Court

Opinion

LUCAS, C. J.

Introduction

Petitioner, charged with three drug-related offenses, successfully moved in superior court, prior to trial, to suppress evidence seized during a search by law enforcement officers. (See Pen. Code, § 1538.5, subd. (f); further statutory citations are to this code.) Rather than seek appellate review of the adverse decision (see id., subds. (j), (o)), the People obtained a dismissal of the proceeding and refiled identical charges in a second complaint (see §§ 1385, 1387). Despite the dismissal and refiling, we conclude the People remained bound by the court’s prior…

2Cases cited11 opinions

  1. People v. BelleciCalifornia Supreme Court · 1979
  2. People v. UhlemannCalifornia Supreme Court · 1973
  3. Gordon v. Justice CourtCalifornia Supreme Court · 1974
  4. People v. Superior CourtCalifornia Supreme Court · 1971
  5. People v. GephartCalifornia Court of Appeal · 1979

6 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Gikas v. ZolinCalifornia Supreme Court · 1993
  2. Schmidlin v. City of Palo AltoCalifornia Court of Appeal · 2008
  3. People v. RivaCalifornia Court of Appeal · 2003
  4. People v. Superior CourtCalifornia Supreme Court · 2002
  5. Jaime De Anda v. City of Long BeachCourt of Appeals for the Ninth Circuit · 1993

18 more not listed; retrieve them via the Exa API.

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