Other pretrial motions
| Author | Paul Burglin/Barry Simons/Ed Kuwatch |
| Pages | 429-464 |
OTHER PRETRIAL
MOTIONS
6-1
CHAPTER 6
OTHER PRETRIAL MOTIONS
§6:00 TIME TO FILE PRETRIAL MOTIONS
§6:10 CHALLENGE TO JUDGE
§6:11 Peremptory Challenge
§6:11.1 Time to Make
§6:11.2 Based on Race
§6:11.3 Not Available to Witnesses
§6:11.4 Not Applicable to Appellate Justices and Judges
§6:11.5 Denied Challenge Doesn’t Count
§6:11.6 Against Judge Who Presided as Magistrate at Preliminary Examination
§6:11.7 After Refiled Charges
§6:11.8 After Appeal
§6:11.9 Time to Rule on Peremptory Challenge
§6:11.10 Blanket Challenge of Judge Permitted
§6:12 Challenge for Cause
§6:12.1 Grounds
§6:12.2 Procedure
§6:12.3 No Stipulation to Challenge
§6:12.4 Application to Appellate Justices
§6:12.5 Review of Denial
§6:13 Commissioners, Referees, Temporary Judges—Authority to Hear Cases
§6:14 Other Ideas for Dealing With Judges
§6:14.1 Perversion or Obstruction of Justice by Judge
§6:14.2 Injunctive Civil Rights Action Against Judges
§6:15 Judicial Misconduct
§6:15.1 Reporting Judicial Misconduct
§6:15.2 Be Here On Time And Don’t Leave!
§6:15.3 Discipline for Legal Error Alone
§6:20 SPEEDY TRIAL RIGHTS AND CONTINUANCES
§6:21 Statutory Speedy Trial Rights and Special Coronavirus Pandemic Orders
§6:21.1 Trial Within 30 or 45 Days
§6:21.2 30- or 45-Day Period; Effect of Waiver and Subsequent Withdrawal of Waiver
§6:21.3 Full Advice Required Without Counsel
§6:21.4 10 Days More After 30 or 45; Effect of Waiving
§6:21.4.1 Showing of Good Cause for Continuance Still
Required During 10-Day Grace Period
§6:21.5 Continuance for “Good Cause”
OTHER PRETRIAL
MOTIONS
California Drunk Driving Law 6-2
§6:21.5.1 Congested Court Calendar Not “Good Cause”
Absent Exceptional Circumstances
§6:21.6 Continuance for Calendar Conflict
§6:21.7 Right to Continuous Trial
§6:21.8 Failure to Appear
§6:21.9 Review of Denial of Right
§6:22 Constitutional Speedy Trial Rights
§6:23 Alternative Remedies for Speedy Trial Violations
§6:24 Speedy Sentencing Rights
§6:25 Continuance of Other Hearings
§6:26 Time Limit for Filing Of Information
§6:30 STATEMENTS OF DEFENDANT
§6:31 Bibliography
§6:32 Miranda Rights
§6:32.1 When Is Advice Needed? Custody Is Determinative
§6:32.2 No Facts or Information Without Miranda; Thick and Slurred Speech
§6:32.3 Exception for Routine Booking Questions
§6:32.4 Field Sobriety Tests
§6:32.5 Civil Remedies for Violation of Miranda Rights
§6:32.6 Probation Terms and Miranda
§6:32.7 Confessions as a Fruit of an Illegal Arrest or Detention
§6:32.8 Impeachment by Pre-Arrest, Pre-Miranda Silence
§6:32.9 Involuntary Confessions are Inadmissible
§6:32.10 Invocation Of Right To Counsel Must Be Unambiguous
§6:32.11 Hospital Confessions
§6:33 Admission of Driving and Hit-and-Run Laws
§6:34 DMV Hearing Testimony
§6:35 Corpus Delicti Rule
§6:36 Discovery by the Prosecution
§6:37 No Suppression for Drunkenness
§6:38 Statements Made at Alcoholics Anonymous (AA) Meetings
§6:40 NONSTATUTORY MOTION TO DISMISS
§6:40.1 Dismissal Based on Prosecutorial Vindictiveness
§6:50 MOTION FOR COURT APPOINTED EXPERT
§6:50.1 Bibliography
§6:50.2 U.S. Supreme Court Authority
§6:50.3 Making the Indigency Determination
§6:50.4 PC §1329: Authorizes County Payment to Expert Witnesses
§6:50.5 Motion for Court Appointed Expert Witness
§6:60 NO DISMISSAL FOR STATE PRISON INMATES
§6:70 SUBSTITUTION OF PRIVATELY RETAINED COUNSEL
§6:80 RECUSAL OF DISTRICT ATTORNEY
§6:90 MOTIONS IN FELONY CASES
§6:90.1 Speedy Preliminary Hearing
§6:90.2 Pre-Preliminary Hearing Motions
§6:90.3 Hearsay Evidence Is Admissible at Preliminary Hearing
§6:90.4 Motions at Preliminary Hearing
OTHER PRETRIAL
MOTIONS
6-3 Other Pretrial Motions
§6:90.5 Motion To Reduce Felony To Misdemeanor
Before/During or After Preliminary Hearing
§6:90.6 PC §995 Motions Following Preliminary Hearing
§6:90.7 Preliminary Hearing Waiver Bars Filing of new Charge or Enhancement
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