outcome of the preliminary hearing (California) · Go Syfert
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outcome of the preliminary hearing in California

5 California opinions name it 1 courts 2019–2026 3 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 (10)

CaseFollowedCited
United States v. Bagleyred
scotus · 1985 · cited in 2 California opinions naming this issue, 2019–2019
2 sentences

2019This right is independent of ... the criminal discovery statutes." ( Bridgeforth v. Superior Court (2013) 214 Cal.App.4th 1074 , 1081, 154 Cal.Rptr.3d 528 ( Bridgeforth ).) This obligation of disclosure includes impeachment evidence regarding prosecution witnesses. ( Id. at p. 1083, 154 Cal.Rptr.3d 528 , citing United States v. Bagley (1985) 473 U.S. 667 , 676, 105 S.Ct. 3375 , 3380, 87 L.Ed.2d 481 , 490.) The trial prosecutor argued in the trial court that the late disclosure did not violate defendant's constitutional rights because the outcome of the preliminary hearing was not affected.

2019This right is independent of ... the criminal discovery statutes." ( Bridgeforth v. Superior Court (2013) 214 Cal.App.4th 1074 , 1081, 154 Cal.Rptr.3d 528 ( Bridgeforth ).) This obligation of disclosure includes impeachment evidence regarding prosecution witnesses. ( Id. at p. 1083, 154 Cal.Rptr.3d 528 , citing United States v. Bagley (1985) 473 U.S. 667 , 676, 105 S.Ct. 3375 , 3380, 87 L.Ed.2d 481 , 490.) The trial prosecutor argued in the trial court that the late disclosure did not violate defendant's constitutional rights because the outcome of the preliminary hearing was not affected.

12
Stanton v. Superior Courtgreen
calctapp · 1987 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026A criminal defendant’s “right is substantial when denial of the right results in a denial of due process.” (Avitia v. Superior Court (2018) 6 Cal.5th 486, 494 (Avitia); see also Molina v. Superior Court (2024) 103 Cal.App.5th 291 , 305.) “[D]enial of a substantial right at the preliminary examination renders the ensuing commitment illegal and entitles a defendant to dismissal of the information on timely motion. [Citations.]” (People v. Pompa-Ortiz (1980) 27 Cal.3d 519, 523 .) But “outside a narrow category of errors that ‘by their nature constitute a denial of a substantial right’ and hence r

11
People v. Pompa-Ortizgreen
cal · 1980 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026A criminal defendant’s “right is substantial when denial of the right results in a denial of due process.” (Avitia v. Superior Court (2018) 6 Cal.5th 486, 494 (Avitia); see also Molina v. Superior Court (2024) 103 Cal.App.5th 291 , 305.) “[D]enial of a substantial right at the preliminary examination renders the ensuing commitment illegal and entitles a defendant to dismissal of the information on timely motion. [Citations.]” (People v. Pompa-Ortiz (1980) 27 Cal.3d 519, 523 .) But “outside a narrow category of errors that ‘by their nature constitute a denial of a substantial right’ and hence r

11
People v. Gamachegreen
cal · 2010 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026(Avitia, supra, 6 Cal.5th at p. 497 ; see People v. Pennington (1991) 228 Cal.App.3d 959, 961 [no denial of a substantial right at a preliminary hearing where a potential conflict of interest existed], cited with approval by People v. Standish (2006) 38 Cal.4th 858, 882 ; cf. People v. Gamache (2010) 48 Cal.4th 347, 396 [“structural errors not susceptible to harmless error analysis are those that go to the very construction of the trial mechanism—a biased judge, total absence of counsel, the failure of a jury to reach any verdict on an essential element”].) Accordingly, to obtain dismissal of

11
People v. Penningtongreen
calctapp · 1991 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026(Avitia, supra, 6 Cal.5th at p. 497 ; see People v. Pennington (1991) 228 Cal.App.3d 959, 961 [no denial of a substantial right at a preliminary hearing where a potential conflict of interest existed], cited with approval by People v. Standish (2006) 38 Cal.4th 858, 882 ; cf. People v. Gamache (2010) 48 Cal.4th 347, 396 [“structural errors not susceptible to harmless error analysis are those that go to the very construction of the trial mechanism—a biased judge, total absence of counsel, the failure of a jury to reach any verdict on an essential element”].) Accordingly, to obtain dismissal of

11
Avitia v. Superior Court of San Joaquin Cnty.green
cal · 2018 · cited in 1 California opinions naming this issue, 2026–2026
2 sentences

2026(Avitia, supra, 6 Cal.5th at p. 497 ; see People v. Pennington (1991) 228 Cal.App.3d 959, 961 [no denial of a substantial right at a preliminary hearing where a potential conflict of interest existed], cited with approval by People v. Standish (2006) 38 Cal.4th 858, 882 ; cf. People v. Gamache (2010) 48 Cal.4th 347, 396 [“structural errors not susceptible to harmless error analysis are those that go to the very construction of the trial mechanism—a biased judge, total absence of counsel, the failure of a jury to reach any verdict on an essential element”].) Accordingly, to obtain dismissal of

2026A criminal defendant’s “right is substantial when denial of the right results in a denial of due process.” (Avitia v. Superior Court (2018) 6 Cal.5th 486, 494 (Avitia); see also Molina v. Superior Court (2024) 103 Cal.App.5th 291 , 305.) “[D]enial of a substantial right at the preliminary examination renders the ensuing commitment illegal and entitles a defendant to dismissal of the information on timely motion. [Citations.]” (People v. Pompa-Ortiz (1980) 27 Cal.3d 519, 523 .) But “outside a narrow category of errors that ‘by their nature constitute a denial of a substantial right’ and hence r

11
Merrill v. Superior Courtgreen
calctapp · 1994 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026A criminal defendant’s “right is substantial when denial of the right results in a denial of due process.” (Avitia v. Superior Court (2018) 6 Cal.5th 486, 494 (Avitia); see also Molina v. Superior Court (2024) 103 Cal.App.5th 291 , 305.) “[D]enial of a substantial right at the preliminary examination renders the ensuing commitment illegal and entitles a defendant to dismissal of the information on timely motion. [Citations.]” (People v. Pompa-Ortiz (1980) 27 Cal.3d 519, 523 .) But “outside a narrow category of errors that ‘by their nature constitute a denial of a substantial right’ and hence r

11
People v. Standishgreen
cal · 2006 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026(Avitia, supra, 6 Cal.5th at p. 497 ; see People v. Pennington (1991) 228 Cal.App.3d 959, 961 [no denial of a substantial right at a preliminary hearing where a potential conflict of interest existed], cited with approval by People v. Standish (2006) 38 Cal.4th 858, 882 ; cf. People v. Gamache (2010) 48 Cal.4th 347, 396 [“structural errors not susceptible to harmless error analysis are those that go to the very construction of the trial mechanism—a biased judge, total absence of counsel, the failure of a jury to reach any verdict on an essential element”].) Accordingly, to obtain dismissal of

11
Arizona v. Youngbloodgreen
scotus · 1989 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024Due process guarantees under the federal Constitution imposing a duty on the state to preserve “evidence that might be expected to play a significant role in the suspect’s defense.” (California v. Trombetta (1984) 467 U.S. 479, 488 ; see also Arizona v. Youngblood (1988) 488 U.S. 51 .) Such evidence “ ‘must both possess an exculpatory value that was apparent before the evidence was destroyed, and be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means.’ ” (People v. Montes (2014) 58 Cal.4th 809, 837 (Montes).) Rather than establi

11
People v. Montesgreen
cal · 2014 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024Due process guarantees under the federal Constitution imposing a duty on the state to preserve “evidence that might be expected to play a significant role in the suspect’s defense.” (California v. Trombetta (1984) 467 U.S. 479, 488 ; see also Arizona v. Youngblood (1988) 488 U.S. 51 .) Such evidence “ ‘must both possess an exculpatory value that was apparent before the evidence was destroyed, and be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means.’ ” (People v. Montes (2014) 58 Cal.4th 809, 837 (Montes).) Rather than establi

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 (4)

CaseCitedYears
California v. Trombetta green
scotus · 1984
1 sentence

2024Due process guarantees under the federal Constitution imposing a duty on the state to preserve “evidence that might be expected to play a significant role in the suspect’s defense.” (California v. Trombetta (1984) 467 U.S. 479, 488 ; see also Arizona v. Youngblood (1988) 488 U.S. 51 .) Such evidence “ ‘must both possess an exculpatory value that was apparent before the evidence was destroyed, and be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means.’ ” (People v. Montes (2014) 58 Cal.4th 809, 837 (Montes).) Rather than establi

12024–2024
Berardi v. Superior Court green
calctapp · 2007
1 sentence

2024Failing to provide Molina an individual interpreter reasonably might have affected the outcome of the preliminary hearing As stated above, “a defendant bringing a pretrial challenge to an information on the basis that he or she was not ‘ “legally committed” ’ by a magistrate, need only show that the error ‘ “reasonably might have affected the outcome” ’ and need not show ‘it is reasonably probable he or she would not have been held to answer in the absence of the error.’ [Citation.]” (Berardi v. Superior Court (2007) 149 Cal.App.4th 476, 493 .) Utilizing the aforementioned standard, based on t

12024–2024
People v. Konow green
cal · 2004
1 sentence

2024Therefore, such an error “reasonably might have affected the outcome.” (Konow, supra, 32 Cal.4th at p. 1024 .) The Attorney General mainly relies on Rodriguez for the proposition that failing to provide an individual interpreter for Molina was harmless.

12024–2024
Bridgeforth v. Superior Court green
calctapp · 2013
2 sentences

2019This right is independent of ... the criminal discovery statutes." ( Bridgeforth v. Superior Court (2013) 214 Cal.App.4th 1074 , 1081, 154 Cal.Rptr.3d 528 ( Bridgeforth ).) This obligation of disclosure includes impeachment evidence regarding prosecution witnesses. ( Id. at p. 1083, 154 Cal.Rptr.3d 528 , citing United States v. Bagley (1985) 473 U.S. 667 , 676, 105 S.Ct. 3375 , 3380, 87 L.Ed.2d 481 , 490.) The trial prosecutor argued in the trial court that the late disclosure did not violate defendant's constitutional rights because the outcome of the preliminary hearing was not affected.

2019This right is independent of ... the criminal discovery statutes." ( Bridgeforth v. Superior Court (2013) 214 Cal.App.4th 1074 , 1081, 154 Cal.Rptr.3d 528 ( Bridgeforth ).) This obligation of disclosure includes impeachment evidence regarding prosecution witnesses. ( Id. at p. 1083, 154 Cal.Rptr.3d 528 , citing United States v. Bagley (1985) 473 U.S. 667 , 676, 105 S.Ct. 3375 , 3380, 87 L.Ed.2d 481 , 490.) The trial prosecutor argued in the trial court that the late disclosure did not violate defendant's constitutional rights because the outcome of the preliminary hearing was not affected.

12019–2019

Where else courts name it

CA 5 (2019–2026) ND 2 (2013–2013) PA 2 (2016–2026)

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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