Legal Opinion
People v. Superior Court
California Court of Appeal
Decided February 18, 2000No. H019369PublishedCited by 39 opinions
1Opinion of the Court
Opinion
BAMATTRE-MANOUKIAN, Acting P. J.
In these original proceedings, we consider a significant issue of criminal procedure: to what extent may an indicted defendant obtain discovery of nontestimonial grand jury proceedings for the purpose of preparing a Penal Code section 995 motion to dismiss the indictment on grounds of lack of probable cause?1 Our Supreme Court has recognized that the grand jury’s ability to consider the evidence impartially and independently in order to determine whether there is probable cause to indict may be prejudiced by the manner in which the prosecutor conducts…
2Cases cited50 opinions
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- Hale v. HenkelSupreme Court of the United States · 1906
- Douglas Oil Co. of Cal. v. Petrol Stops NorthwestSupreme Court of the United States · 1979
- United States v. WilliamsSupreme Court of the United States · 1992
- United States v. Sells Engineering, Inc.Supreme Court of the United States · 1983
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3Cited by39 opinions
- California Highway Patrol v. Superior CourtCalifornia Court of Appeal · 2000
- People v. GnassCalifornia Court of Appeal · 2002
- Berardi v. Superior CourtCalifornia Court of Appeal · 2007
- People v. JablonskiCalifornia Supreme Court · 2006
- People v. JacksonCalifornia Court of Appeal · 2005
34 more not listed; retrieve them via the Exa API.