How have courts dealt with allegations of improper disclosure at a preliminary hearing?

California, United States of America


The following excerpt is from People v. Boek, C083902 (Cal. App. 2018):

4. Both defense attorneys appeared at the hearing; that is, defendant had not discharged trial counsel, who argued at sentencing after new counsel left.

5. Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694].

6. In a separate sub-claim defendant argues the purported discovery violation infected the preliminary hearing. But he fails to explain how this deprived him of a fair jury trial. (See People v. Aston (1985) 39 Cal.3d 481, 494-495 [failure to disclose information at preliminary hearing cured by disclosure at later suppression hearing]; People v. Pompa-Ortiz (1980) 27 Cal.3d 519, 529-530.)

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