Does a motion to dismiss a case on the grounds of lack of a speedy trial have to be heard on the same date?
California, United States of America
The following excerpt is from Cunningham v. Municipal Court, 133 Cal.Rptr. 18, 62 Cal.App.3d 153 (Cal. App. 1976):
On May 6, 1976, petitioner moved to dismiss the case on the ground of lack of a speedy trial. The trial court denied the motion. Since petitioner both objected to the date set for trial and then filed a timely motion to dismiss, he did not waive his right to a speedy trial. (See People v. Wilson, 60 Cal.2d 139, 144--145, 146, 32 Cal.Rptr. 44, 383 P.2d 452.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
Can a motion to dismiss be dismissed on the grounds that the motion is invalid on other grounds? (California, United States of America)
What is the test for dismissing a motion to dismiss a charge of assault on the grounds of speedy trial? (California, United States of America)
What is the difference between a motion of dismissal and a motion to dismiss for violation of the speedy trial right? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? (California, United States of America)
