What is the statutory ground for a motion to set aside an indictment?

California, United States of America


The following excerpt is from Santana v. Superior Court of Yuba Cnty., C066008, C066009, C066219, C066447 (Cal. App. 2012):

A statutory ground for setting aside an indictment is where it was not properly "found, endorsed, and presented." ( 995, subd. (a)(1)(A).) We have noted that a statutory motion to set aside an indictment does not contemplate the introduction of evidence outside the record of the proceedings before the grand jury. (People v. Sherwin (2000) 82 Cal.App.4th 1404, 1411.) The People, however, do not dispute that this ground is cognizable through the vehicle of a nonstatutory motion to set aside as well.16

Page 26

Other Questions


What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (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)
Can a motion to set aside a judgment be set aside on the grounds of fraud? (California, United States of America)
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 burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue? (California, United States of America)
Can a motion to amend or renew the terms of a previous motion be considered as a renewal or amendment to the first motion? (California, United States of America)
Does a motion to set aside a pretrial default against defendants need to be considered as a motion under section 473 of the Code of Civil Procedure? (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)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.