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Supreme Court affirms and also disapproves Court of Appeal decision in wobbler case

At the Lectern

Superior Court (Mitchell) , the Supreme Court yesterday held that a superior court exceeded its jurisdiction in reducing a charged felony to a misdemeanor after a preliminary hearing and before sentencing. In general, an appeal stays the challenged trial court decision, but a writ petition does not. Superior Court here.)

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Four-case October calendar will be heard in Fresno

At the Lectern

The Supreme Court today announced it will hear just four arguments in October. On Wednesday, October 9, in Fresno, the court will hear the following cases (with the issue or issues presented as summarized by court staff or limited by the court itself ): Capito v. The court granted review in July 2023.

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Criminal appellate procedure opinion filing tomorrow

At the Lectern

Tomorrow morning, the Supreme Court will file its opinion in People v. Superior Court (Mitchell). 2) If the temporary stay issued by the Court of Appeal had not expired at the time of defendant’s guilty plea, what was the effect, if any, of the stay on the resolution of defendant’s criminal proceedings?”

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