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The motion can be made by a criminal defendant to discover complaints made against a police officer, and the investigation of those complaints, such that they are contained in the officer's personnel records. The motions can be made in a California Superior Court under California Evidence Code 1043-1046. [5]
In California, criminal defendants have the right to appeal both felony [29] and misdemeanor [30] convictions. If the defendant is convicted of a misdemeanor, they have the right to be released on bail pending the outcome of their appeal. Misdemeanor appeals are heard by the Appellate Division of the California Superior Court.
The court applied similar reasoning to the writ of prohibition the next year. [34] To avoid the obvious implication that nearly all California government agency decisions were now entirely immune from judicial review, the court held in 1939 that the writ of mandate could be used instead for that purpose. [34]
Police officers cannot detain someone on the street just because that person acts furtively to avoid contact with them, the California Supreme Court ruled Thursday.
The paradox of state judicial officers working in county-operated organizations culminated in a 1996 case in which the Supreme Court of California upheld the constitutionality of a statute under which the superior court of Mendocino County was bound by the county board of supervisors' designation of unpaid furlough days for all county employees ...
If the magistrate finds probable cause, the district attorney files an information, which supersedes the complaint and becomes the operative pleading against the defendant through trial, verdict, and judgment. [13] The U.S. Supreme Court affirmed the constitutionality of this procedure in Hurtado v. California (1886). [14]
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In California, tickets are handled in Superior Court. Massachusetts tickets are heard in District Courts. [citation needed] In the City of Chicago, traffic tickets issued by Chicago Police Officers with no possibility of jail time are handled by the City's Law Department, frequently by law students. All other traffic violations (including those ...
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