How have courts dealt with allegations of sexual assault made against a defendant at a preliminary hearing?

California, United States of America


The following excerpt is from People v. McDade, B256545 (Cal. App. 2015):

Defendant was arrested for first degree burglary ( 459). Defendant appeared at his preliminary hearing with a public defender and immediately requested a Marsden hearing (People v. Marsden, supra, 2 Cal.3d 118). The court held a Marsden hearing but denied defendant's request to substitute counsel. The preliminary hearing proceeded, and at its conclusion the court found probable cause to hold defendant to answer for the burglary. The District Attorney of the County of Los Angeles ("the People") subsequently filed an information alleging that defendant committed one count of first degree residential burglary ( 459). The People further alleged that defendant suffered

Page 3

Other Questions


How have courts dealt with allegations of sexual assault made by an alleged coparticipant at a preliminary hearing? (California, United States of America)
How have courts dealt with allegations of sexual assault against a police officer who sexually assaulted a female passenger while carrying out a traffic stop? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
Can a defendant who has a history of criminal convictions for assault, assault and sexual assault receive a conditional discharge from the Court of Appeal? (California, United States of America)
How have courts dealt with allegations of sexual assault against a defendant who was also charged with molesting a minor? (California, United States of America)
How have courts treated allegations of sexual assault against a defendant who sexually touched young boys with his penis? (California, United States of America)
How have courts treated allegations of sexual assault in sexual assault cases? (California, United States of America)
In a sexual assault case, how have the courts dealt with claims that the trial court abused its discretion in excluding evidence of the victim's other sexual conduct? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
Does the absence of a witness from the jurisdiction of a preliminary hearing preclude a defendant from giving evidence at trial of his preliminary hearing testimony? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.