14 Cited authorities

  1. Grady v. Corbin

    495 U.S. 508 (1990)   Cited 1,174 times
    Holding that a subsequent prosecution must satisfy a "same-conduct" test to avoid the double jeopardy bar
  2. Klopfer v. North Carolina

    386 U.S. 213 (1967)   Cited 1,708 times
    Holding that the right to a speedy trial secured by the Sixth Amendment "is one of the most basic rights preserved by our Constitution" and applying that right to the states through the Fourteenth Amendment
  3. People v. Wilson

    60 Cal.2d 139 (Cal. 1963)   Cited 297 times
    Holding that defendant who seeks to reverse judgment of conviction must establish that any error in failing to grant a statutory speedy trial motion was prejudicial
  4. Landrum v. Superior Court

    30 Cal.3d 1 (Cal. 1981)   Cited 114 times
    Holding that an initial dismissal was not a bar to second prosecution
  5. State v. Lessary

    75 Haw. 446 (Haw. 1994)   Cited 39 times
    Concluding that interpretation given to double jeopardy clause of fifth amendment by United States Supreme Court does not adequately protect individuals "subject for the same offense [from being] twice put in jeopardy," therefore requiring additional protection under Hawai'i Constitution (quoting Haw. Const., art. I, § 10)
  6. People v. Stone

    117 Cal.App.3d 15 (Cal. Ct. App. 1981)   Cited 28 times
    In People v. Stone (1981) 117 Cal.App.3d 15 [ 172 Cal.Rptr. 445], the court held that the requirement of the statements of reasons for consecutive terms applies "where there are two separate trials [i.e., proceedings]."
  7. People v. Godlewski

    22 Cal.2d 677 (Cal. 1943)   Cited 96 times
    Addressing speedy trial rights
  8. People v. Smith

    4 Cal.App.3d 41 (Cal. Ct. App. 1970)   Cited 32 times

    Docket No. 5050. January 30, 1970. Appeal from Superior Court of San Joaquin County, William Biddick, Jr., Judge. COUNSEL Marcus Vanderlaan and Stanley G. Lerner, under appointments by the Court of Appeal, for Defendants and Appellants. Thomas C. Lynch, Attorney General, Nelson P. Kempsky and Willard F. Jones, Deputy Attorneys General, for Plaintiff and Respondent. OPINION FRIEDMAN, Acting P.J. Defendants Smith, Mitchell, and Easter appeal from judgments after a jury found them guilty of first degree

  9. Alex T. v. Superior Court

    72 Cal.App.3d 24 (Cal. Ct. App. 1977)   Cited 19 times
    In Alex T. v. Superior Court (1977) 72 Cal.App.3d 24 [ 140 Cal.Rptr. 17], a misdemeanor petition was filed in juvenile court against Alex T. It was dismissed without prejudice, and an identical petition was filed the next month.
  10. People v. Colver

    107 Cal.App.3d 277 (Cal. Ct. App. 1980)   Cited 6 times

    Docket No. 19261. June 24, 1980. Appeal from Superior Court of Contra Costa County, No. 21361, E. Patricia Herron, Judge. COUNSEL Marc P. Bouret and Anderson Nearon for Defendant and Appellant. George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, and William D. Stein, Deputy Attorney General, for Plaintiff and Respondent. OPINION SCOTT, J. Appellant Jay Clair Colver was convicted of violating Elections Code section

  11. Section 733 - Conditions prohibiting commitment to Division of Juvenile Facilities

    Cal. Welf. and Inst. Code § 733   Cited 181 times

    A ward of the juvenile court who meets any condition described below shall not be committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities: (a) The ward is under 11 years of age. (b) The ward is suffering from any contagious, infectious, or other disease that would probably endanger the lives or health of the other inmates of any facility. (c) The ward has been or is adjudged a ward of the court pursuant to Section 602, and the most recent offense alleged in

  12. Section 1387 - Bar to prosecution

    Cal. Pen. Code § 1387   Cited 130 times
    Precluding further prosecution in most instances "for the same offense" after dismissal "if it is a felony or ... a misdemeanor charged together with a felony" and the action has been previously dismissed, or "if it is a misdemeanor not charged together with a felony"
  13. Section 62D.020 - Prosecution for same offense in another proceeding prohibited

    Nev. Rev. Stat. § 62D.020

    1. If a child is prosecuted for an offense in a juvenile proceeding, the child may not be prosecuted again for the same offense in another juvenile proceeding or in a criminal proceeding as an adult. 2. For the purposes of this section: (a) A child is prosecuted for an offense in a juvenile proceeding if: (1) The district attorney files a petition against the child pursuant to the provisions of this title alleging that the child committed a delinquent act; and (2) The juvenile court accepts the child's

  14. Rule 8.200 - Briefs by parties and amici curiae

    Cal. R. 8.200   Cited 724 times

    (a)Parties' briefs (1) Each appellant must serve and file an appellant's opening brief. (2) Each respondent must serve and file a respondent's brief. (3) Each appellant may serve and file a reply brief. (4) No other brief may be filed except with the permission of the presiding justice, unless it qualifies under (b) or (c)(7). (5) Instead of filing a brief, or as part of its brief, a party may join in or adopt by reference all or part of a brief in the same or a related appeal. (Subd (a) amended