error at the preliminary hearing (California) · Go Syfert
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error at the preliminary hearing in California

6 California opinions name it 2 courts 2009–2016 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.

Followed or applied (8)

CaseFollowedCited
People v. Hayesgreen
calctapp · 2006 · cited in 4 California opinions naming this issue, 2009–2013
2 sentences

2013If he does not, and elects to go to trial, the error at the preliminary hearing can only lead to reversal of the conviction if the error created actual prejudice.” (People v. Hayes (2006) 137 Cal.App.4th 34, 50 .) This rule has been applied to SVP proceedings, and specifically to an objection that the defendant was evaluated under an invalid assessment protocol.

2013If he does not, and elects to go to trial, the error at the preliminary hearing can only lead to reversal of the conviction if the error created actual prejudice.’ ” (People v. Ronje (2009) 179 Cal.App.4th 509, 517 (Ronje), quoting People v. Hayes (2006) 137 Cal.App.4th 34, 50 ) Furthermore, “[t]he Pompa–Ortiz rule apples to denial of substantive rights and technical irregularities in proceedings, and to SVPA proceedings. [Citations].” (Ronje, supra, 179 Cal.App.4th at p. 517 .) 25 In this case, assuming arguendo the 2009 protocol is invalid as asserted by defendant, the use of evaluations bas

24
People v. Jenningsgreen
cal · 1991 · cited in 2 California opinions naming this issue, 2016–2016
2 sentences

2016(See People v. Jennings (1991) 53 Cal.3d 334 , 358, 279 Cal.Rptr. 780 , 807 P.2d 1009 ["Under modern pleading procedures, notice of the particular circumstances of an alleged crime is provided by the evidence presented to the committing magistrate at the preliminary examination, not by a factually detailed information"]; People v. Graff (2009) 170 Cal.App.4th 345 , 367, 87 Cal.Rptr.3d 827 [" '[A] preliminary hearing transcript affording notice of the time, place and circumstances of charged offenses " 'is the touchstone of due process notice to a defendant' " ' "].) Such notice is sufficient f

2016(See People v. Jennings (1991) 53 Cal.3d 334 , 358, 279 Cal.Rptr. 780 , 807 P.2d 1009 ["Under modern pleading procedures, notice of the particular circumstances of an alleged crime is provided by the evidence presented to the committing magistrate at the preliminary examination, not by a factually detailed information"]; People v. Graff (2009) 170 Cal.App.4th 345 , 367, 87 Cal.Rptr.3d 827 [" '[A] preliminary hearing transcript affording notice of the time, place and circumstances of charged offenses " 'is the touchstone of due process notice to a defendant' " ' "].) Such notice is sufficient f

12
People v. Graffgreen
calctapp · 2009 · cited in 2 California opinions naming this issue, 2016–2016
2 sentences

2016(See People v. Jennings (1991) 53 Cal.3d 334, 358 [“Under modern pleading procedures, notice of the particular circumstances of an alleged crime is provided by the evidence presented to the committing magistrate at the preliminary examination, not by a factually detailed information”]; People v. Graff (2009) 170 Cal.App.4th 345, 367 [“‘[A] preliminary hearing transcript affording notice of the time, place and circumstances of charged offenses “‘is the touchstone of due process notice to a defendant’”’].) Such notice is sufficient for both due process and statutory purposes.

2016(See People v. Jennings (1991) 53 Cal.3d 334 , 358, 279 Cal.Rptr. 780 , 807 P.2d 1009 ["Under modern pleading procedures, notice of the particular circumstances of an alleged crime is provided by the evidence presented to the committing magistrate at the preliminary examination, not by a factually detailed information"]; People v. Graff (2009) 170 Cal.App.4th 345 , 367, 87 Cal.Rptr.3d 827 [" '[A] preliminary hearing transcript affording notice of the time, place and circumstances of charged offenses " 'is the touchstone of due process notice to a defendant' " ' "].) Such notice is sufficient f

12
In Re Ronjered
calctapp · 2009 · cited in 1 California opinions naming this issue, 2013–2013
2 sentences

2013If he does not, and elects to go to trial, the error at the preliminary hearing can only lead to reversal of the conviction if the error created actual prejudice.’ ” (People v. Ronje (2009) 179 Cal.App.4th 509, 517 (Ronje), quoting People v. Hayes (2006) 137 Cal.App.4th 34, 50 ) Furthermore, “[t]he Pompa–Ortiz rule apples to denial of substantive rights and technical irregularities in proceedings, and to SVPA proceedings. [Citations].” (Ronje, supra, 179 Cal.App.4th at p. 517 .) 25 In this case, assuming arguendo the 2009 protocol is invalid as asserted by defendant, the use of evaluations bas

2013If he does not, and elects to go to trial, the error at the preliminary hearing can only lead to reversal of the conviction if the error created actual prejudice.’ ” (People v. Ronje (2009) 179 Cal.App.4th 509, 517 (Ronje), quoting People v. Hayes (2006) 137 Cal.App.4th 34, 50 ) Furthermore, “[t]he Pompa–Ortiz rule apples to denial of substantive rights and technical irregularities in proceedings, and to SVPA proceedings. [Citations].” (Ronje, supra, 179 Cal.App.4th at p. 517 .) 25 In this case, assuming arguendo the 2009 protocol is invalid as asserted by defendant, the use of evaluations bas

11
People v. Medinagreen
calctapp · 2009 · cited in 1 California opinions naming this issue, 2013–2013
1 sentence

2013(See Ronje, supra, 179 Cal.App.4th at p. 518 ; accord, People v. Medina (2009) 171 Cal.App.4th 805, 816 [concluding defendant’s argument that court lacked jurisdiction because section 6601 evaluations were not conducted pursuant to a valid protocol “is an argument that the court acted in excess of its jurisdiction, rather than without fundamental jurisdiction”].) Moreover, as mandated by Pompa Ortiz, defendant did not seek writ relief after the trial court denied his motion to dismiss the SVP petition for lack of valid evaluation protocol.

11
Abelleira v. District Court of Appealgreen
cal · 1941 · cited in 1 California opinions naming this issue, 2009–2009
2 sentences

2009If he does not, and elects to go to trial, the error at the preliminary hearing can only lead to reversal of the conviction if the error created actual prejudice." ( People v. Hayes (2006) 137 Cal.App.4th 34, 50 [ 39 Cal.Rptr.3d 747 ] ( Hayes ).) The Pompa-Ortiz rule apples to denial of substantive rights and technical irregularities in proceedings, including SVPA proceedings. ( Hayes, supra, 137 Cal.App.4th at pp. 50-51; Wright, supra, 128 Cal.App.4th at p. 673 ; People v. Talhelm (2000) 85 Cal.App.4th 400, 405 [ 102 Cal.Rptr.2d 150 ].) The term "jurisdictional in the fundamental sense" means

2009If he does not, and elects to go to trial, the error at the preliminary hearing can only lead to reversal of the conviction if the error created actual prejudice." ( People v. Hayes (2006) 137 Cal.App.4th 34, 50 [ 39 Cal.Rptr.3d 747 ] ( Hayes ).) The Pompa-Ortiz rule apples to denial of substantive rights and technical irregularities in proceedings, including SVPA proceedings. ( Hayes, supra, 137 Cal.App.4th at pp. 50-51; Wright, supra, 128 Cal.App.4th at p. 673 ; People v. Talhelm (2000) 85 Cal.App.4th 400, 405 [ 102 Cal.Rptr.2d 150 ].) The term "jurisdictional in the fundamental sense" means

11
People v. American Contractors Indemnity Co.green
cal · 2004 · cited in 1 California opinions naming this issue, 2009–2009
2 sentences

2009If he does not, and elects to go to trial, the error at the preliminary hearing can only lead to reversal of the conviction if the error created actual prejudice." ( People v. Hayes (2006) 137 Cal.App.4th 34, 50 [ 39 Cal.Rptr.3d 747 ] ( Hayes ).) The Pompa-Ortiz rule apples to denial of substantive rights and technical irregularities in proceedings, including SVPA proceedings. ( Hayes, supra, 137 Cal.App.4th at pp. 50-51; Wright, supra, 128 Cal.App.4th at p. 673 ; People v. Talhelm (2000) 85 Cal.App.4th 400, 405 [ 102 Cal.Rptr.2d 150 ].) The term "jurisdictional in the fundamental sense" means

2009If he does not, and elects to go to trial, the error at the preliminary hearing can only lead to reversal of the conviction if the error created actual prejudice." ( People v. Hayes (2006) 137 Cal.App.4th 34, 50 [ 39 Cal.Rptr.3d 747 ] ( Hayes ).) The Pompa-Ortiz rule apples to denial of substantive rights and technical irregularities in proceedings, including SVPA proceedings. ( Hayes, supra, 137 Cal.App.4th at pp. 50-51; Wright, supra, 128 Cal.App.4th at p. 673 ; People v. Talhelm (2000) 85 Cal.App.4th 400, 405 [ 102 Cal.Rptr.2d 150 ].) The term "jurisdictional in the fundamental sense" means

11
People v. Talhelmgreen
calctapp · 2000 · cited in 1 California opinions naming this issue, 2009–2009
2 sentences

2009If he does not, and elects to go to trial, the error at the preliminary hearing can only lead to reversal of the conviction if the error created actual prejudice." ( People v. Hayes (2006) 137 Cal.App.4th 34, 50 [ 39 Cal.Rptr.3d 747 ] ( Hayes ).) The Pompa-Ortiz rule apples to denial of substantive rights and technical irregularities in proceedings, including SVPA proceedings. ( Hayes, supra, 137 Cal.App.4th at pp. 50-51; Wright, supra, 128 Cal.App.4th at p. 673 ; People v. Talhelm (2000) 85 Cal.App.4th 400, 405 [ 102 Cal.Rptr.2d 150 ].) The term "jurisdictional in the fundamental sense" means

2009If he does not, and elects to go to trial, the error at the preliminary hearing can only lead to reversal of the conviction if the error created actual prejudice." ( People v. Hayes (2006) 137 Cal.App.4th 34, 50 [ 39 Cal.Rptr.3d 747 ] ( Hayes ).) The Pompa-Ortiz rule apples to denial of substantive rights and technical irregularities in proceedings, including SVPA proceedings. ( Hayes, supra, 137 Cal.App.4th at pp. 50-51; Wright, supra, 128 Cal.App.4th at p. 673 ; People v. Talhelm (2000) 85 Cal.App.4th 400, 405 [ 102 Cal.Rptr.2d 150 ].) The term "jurisdictional in the fundamental sense" means

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
People v. Glenn neutral
calctapp · 2009
1 sentence

2009(Glenn, supra, 178 Cal.App.4th at p. 806 ; People v. Hayes, supra, 137 Cal.App.4th at pp. 50-51.) *518 Ronje is making a pretrial challenge to the evaluations leading to the commitment petition and therefore is not required to show actual prejudice to obtain habeas corpus relief.

12009–2009
People v. Pompa-Ortiz green
cal · 1980
1 sentence

2009If he does not, and elects to go to trial, the error at the preliminary hearing can only lead to reversal of the conviction if the error created actual prejudice." ( People v. Hayes (2006) 137 Cal.App.4th 34, 50 [ 39 Cal.Rptr.3d 747 ] ( Hayes ).) The Pompa-Ortiz rule apples to denial of substantive rights and technical irregularities in proceedings, including SVPA proceedings. ( Hayes, supra, 137 Cal.App.4th at pp. 50-51; Wright, supra, 128 Cal.App.4th at p. 673 ; People v. Talhelm (2000) 85 Cal.App.4th 400, 405 [ 102 Cal.Rptr.2d 150 ].) The term "jurisdictional in the fundamental sense" means

12009–2009
In Re Wright green
calctapp · 2005
1 sentence

2009If he does not, and elects to go to trial, the error at the preliminary hearing can only lead to reversal of the conviction if the error created actual prejudice." ( People v. Hayes (2006) 137 Cal.App.4th 34, 50 [ 39 Cal.Rptr.3d 747 ] ( Hayes ).) The Pompa-Ortiz rule apples to denial of substantive rights and technical irregularities in proceedings, including SVPA proceedings. ( Hayes, supra, 137 Cal.App.4th at pp. 50-51; Wright, supra, 128 Cal.App.4th at p. 673 ; People v. Talhelm (2000) 85 Cal.App.4th 400, 405 [ 102 Cal.Rptr.2d 150 ].) The term "jurisdictional in the fundamental sense" means

12009–2009

Statutes the citing opinions construe

CA § Cal. Welfare and Institutions Code § 6600 (3)

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.

Where else courts name it

CA 6 (2009–2016) WI 2 (1995–1996)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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