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5 California opinions name it 2 courts 2015–2019 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Squiergreen2 sentences2015(See People v. Squier, supra, 15 Cal.App.4th 235, 240-241 [“statutes which are in pari materia should be read together and harmonized if possible”].) Thus, in keeping with the Supreme Court’s conclusion that section 995 permits the setting aside of individual charges within a felony indictment or information, we conclude that section 991 permits the dismissal of individual charges from a misdemeanor complaint. 2015(See People v. Squier (1993) 15 Cal.App.4th 235, 240-241 [“statutes which are in pari materia should be read together and harmonized if possible”].) Thus, in keeping with the Supreme Court’s conclusion that section 995 permits the setting aside of individual charges within a felony indictment or information, we conclude that section 991 permits the dismissal of individual charges from a misdemeanor complaint. | 2 | 2 |
People v. PLENGSANGTIPgreen2 sentences2015Bob Wilson, June 13, 1980 [“This bill would establish a preliminary hearing for misdemeanors.”].) This terminology makes clear that the Legislature contemplated that section 991 probable cause hearings would serve a purpose similar to that of preliminary hearings in felony cases, i.e., “ ‘assure that a person is not detained for a crime that was never committed’ ” and “ ‘ “to weed out groundless or unsupported charges.” ’ ” (People v. Plengsangtip, supra, 148 Cal.App.4th at p. 835.) Because sections 991 and 995 were meant to serve analogous purposes in the misdemeanor and felony contexts, the 2015Bob Wilson, June 13, 1980 [“This bill would establish a preliminary hearing for misdemeanors”].) This terminology makes clear that the Legislature contemplated that section 991 probable cause hearings would serve a purpose similar to that of preliminary hearings in felony cases, i.e., “assure that a person is not detained for a crime that was never committed” and “to weed out groundless or unsupported charges.” (People v. Plengsangtip, supra, 148 Cal.App.4th at p. 835 .) Because sections 991 and 995 were meant to serve analogous purposes in the misdemeanor and felony contexts, the rules of sta | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. McGowan
green
2 sentences2018The subjects of the two proceedings are virtually identical. "[T]hroughout the legislative history, the probable cause hearing under section 991 has been referred to as [the] 'preliminary hearing[ ] for misdemeanors.' [Citation.]" ( People v. McGowan , supra , 242 Cal.App.4th at p. 385 , 195 Cal.Rptr.3d 312 .) "[T]he Legislature contemplated that section 991 probable cause hearings would serve a purpose similar to that of preliminary hearings in felony cases...." ( Id . at pp. 385-386, 195 Cal.Rptr.3d 312 .) Given the functional parity between preliminary hearings and section 991 determination 2018The subjects of the two proceedings are virtually identical. "[T]hroughout the legislative history, the probable cause hearing under section 991 has been referred to as [the] 'preliminary hearing[ ] for misdemeanors.' [Citation.]" ( People v. McGowan , supra , 242 Cal.App.4th at p. 385 , 195 Cal.Rptr.3d 312 .) "[T]he Legislature contemplated that section 991 probable cause hearings would serve a purpose similar to that of preliminary hearings in felony cases...." ( Id . at pp. 385-386, 195 Cal.Rptr.3d 312 .) Given the functional parity between preliminary hearings and section 991 determination | 2 | 2018–2018 |
People v. Williams
green
2 sentences2018It has squarely been held that "the only way in which a defendant can litigate the unreasonableness of a search and seizure at the preliminary hearing is to move to suppress under section 1538.5." ( Williams , supra , 213 Cal.App.3d at p. 1195 , 262 Cal.Rptr. 303 .) In reaching this conclusion, Williams relied on the plain language of section 1538.5, subdivision (m), which reads in pertinent part: "The proceedings provided for in this section, and [s]ections 871.5 [prosecutor's motion to reinstate previously dismissed complaint], 995 [motion to set aside indictment or information], 1238 [appea 2018It has squarely been held that "the only way in which a defendant can litigate the unreasonableness of a search and seizure at the preliminary hearing is to move to suppress under section 1538.5." ( Williams , supra , 213 Cal.App.3d at p. 1195 , 262 Cal.Rptr. 303 .) In reaching this conclusion, Williams relied on the plain language of section 1538.5, subdivision (m), which reads in pertinent part: "The proceedings provided for in this section, and [s]ections 871.5 [prosecutor's motion to reinstate previously dismissed complaint], 995 [motion to set aside indictment or information], 1238 [appea | 2 | 2018–2018 |
People v. Barajas
neutral
1 sentence2019(People v. Barajas (2018) 30 Cal.App.5th Supp. 1 .) Barajas contends here that the Fourth Amendment demands a mechanical application of the exclusionary rule at a ___________________________________________________________ 1 Statutory references are to the Penal Code unless otherwise specified. 2 probable cause hearing under section 991 in the event the magistrate determines evidence was obtained via an unlawful detention. | 1 | 2019–2019 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.