Does an attorney have authority to stipulate that after a mistrial due to the disability of the trial judge, over his client's objection?

California, United States of America


The following excerpt is from Blanton v. Womancare, Inc., 212 Cal.Rptr. 151, 38 Cal.3d 396, 696 P.2d 645 (Cal. 1985):

In Linsk we applied this principle to hold that an attorney lacked authority to stipulate, over his client's objection, that after a mistrial due to the disability of the trial judge the case could be decided by a different judge entirely on the basis of the previous record. (Linsk v. Linsk, supra, 70 Cal.2d at pp. 278-279, 74 Cal.Rptr. 544, 449 P.2d 760.) The factual context of that case differs from this one, in that the trial judge and defense counsel in Linsk were aware of plaintiff's objection to the stipulation when they accepted it. (Id., at p. 276, 74

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