(a)When the examination of witnesses on the part of the people is closed, any witness the defendant may produce shall be sworn and examined.
Upon the request of the prosecuting attorney, the magistrate shall require an offer of proof from the defense as to the testimony expected from the witness. The magistrate shall not permit the testimony of any defense witness unless the offer of proof discloses to the satisfaction of the magistrate, in his or her sound discretion, that the testimony of that witness, if believed, would be reasonably likely to establish an affirmative defense, negate an element of a crime charged, or impeach the testimony of a prosecution witness or the statement of a declarant testified to by a prosecution witness.
(b)It is the purpose of a preliminary examination to establish whether there exists probable cause to believe that the defendant has committed a felony. The examination shall not be used for purposes of discovery.
(c)This section shall not be construed to compel or authorize the taking of depositions of witnesses.
Notes of Decisions
Whitman v. Superior Court, 820 P.2d 262 (Cal. 1991).
· cites it 10× “") Further, Penal Code section 866, subdivision (a), is amended to give the magistrate discretion to limit the defendant's right to call witnesses on the *1071 defendant's behalf.”
Galindo v. Superior Court of Los Angeles Cnty., 235 P.3d 1 (Cal. 2010).
· cites it 4× “The purpose of the preliminary hearing is merely "to establish whether there exists probable cause to believe that the defendant has committed a felony" (Pen. Code, § 866, subd. (b)), and "[b]oth the defendant and the people have the right to a preliminary examination at the…”
People v. Sirhan, 497 P.2d 1121 (Cal. 1972).
· cites it 2× “Code, § 865), and to present evidence (Pen. Code, § 866; see Jennings v. Superior Court, supra, at p.”
Miguel Rivera-Puig v. Hon. Gabriel Garcia-Rosario, 983 F.2d 311 (1st Cir. 1992).
“at 352) (1974); Cal.Penal Code, § 866. (5) Due to dismissal of charges, and the plea bargaining generated after a finding of probable cause, often the hearing is *324 the only opportunity for the public or the press to observe the functioning of the criminal process and the…”
Brailsford v. Foster, 393 P.3d 138 (Ariz. Ct. App. 2017).
“, Cal. Penal Code § 866 ; Conn. Gen. Stat. Ann.”
Barrett v. Superior Court, 99 Cal. Daily Op. Serv. 9932 (Cal. Ct. App. 1999).
“2d 854 ]; Pen. Code, § 866, subd. (b).) “ ‘Within the framework of his limited role, .”
Beckway v. DeShong, 717 F. Supp. 2d 908 (N.D. Cal. 2010).
“” Cal. Pen.Code § 866(b) (emphasis added). The only felony charge brought against Beckway was for criminal threats, an offense punishable as a felony or a misdemeanor.”
People v. Conover, 243 Cal. App. 2d 38 (Cal. Ct. App. 1966).
“The determination of his guilt was an issue to be tried in the superior court.”
People v. Erwin, 93 Cal. Daily Op. Serv. 9249 (Cal. Ct. App. 1993).
“” Penal Code section 866 is a specific provision according criminal defendants the right to produce and examine defense witnesses at a preliminary hearing.”
Shannon v. Superior Court, 92 Cal. Daily Op. Serv. 3279 (Cal. Ct. App. 1992).
“’ (Pen. Code, § 866, subd. (b), italics added.”
People v. Leeper, 256 P.2d 389 (Cal. Ct. App. 1953).
“Having set forth the foregoing, appellant contents himself as to discussion by citing the provisions of the California Constitution concerning the right to counsel; Penal Code, section 866, subdivision (2), containing a provision to the same effect; and case authority for the…”
— Cal. Penal Code § 866(b) — 1 case
Beckway v. DeShong, 717 F. Supp. 2d 908 (N.D. Cal. 2010).
“” Cal. Pen.Code § 866(b) (emphasis added). The only felony charge brought against Beckway was for criminal threats, an offense punishable as a felony or a misdemeanor.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.