Holding that "[i]f the [appellate] court cannot determine from the available record whether the action is barred, it should . . . remand for a hearing"
Holding that the appearance of impropriety alone is not an independent ground for prosecutorial disqualification and an actual conflict must be so grave as to make fair treatment unlikely in order to disqualify the district attorney's office
Finding an abuse of discretion where the trial court refused to dismiss the entire Texas indictment as to one of the two defendants in lieu of the Washington, D.C. indictment, which was contemplated by the parties' plea agreement
In People v. Tenorio (1970) 3 Cal.3d 89, 91-95 [89 Cal.Rptr. 249, 473 P.2d 993] (Tenorio), we held that a statute requiring a trial court to secure a prosecutor's consent to dismiss an allegation of a prior conviction violates the state Constitution's separation of powers clause by improperly invading the constitutional province of the judiciary.
In People v. Sesslin (1968) 68 Cal.2d 418, the defendant was convicted of forgery based on handwriting exemplars obtained after he had been arrested illegally.
Fed. R. Civ. P. 48 Cited 252 times 2 Legal Analyses
Providing that "the issuing court must quash or modify a subpoena that requires a person who is neither a party nor a party's officer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business in person"