Can a motion seeking a stay of execution to prevent a trial from being held be brought before the Ontario Court of Appeal?
California, United States of America
The following excerpt is from Matthews v. Superior Court, 110 Cal.Rptr. 843, 35 Cal.App.3d 589 (Cal. App. 1973):
2 In Muller v. Justice's Court, supra, it was held that even where no stay is granted there is a showing of 'good cause' when proceedings in prohibition seeking to prevent any trial being held are instituted because it was very impractical for the prosecution to proceed with a trial until judgment was rendered in the prohibition proceeding. (At p. 572, 277 P.2d 866.)
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