What is the test for presenting a rebuttal case in a criminal trial?

California, United States of America


The following excerpt is from People v. Muniz, 213 Cal.App.3d 1508, 262 Cal.Rptr. 743 (Cal. App. 1989):

Section 1093, which outlines the order of procedure to be used in criminal trials, includes subdivision (d), which allows presentation of a rebuttal case, unless the trial court, "for good reason, in furtherance of justice," allows the parties "to offer evidence upon their original case." The trial court's discretion with respect to the order of proof is further given wide breadth by Evidence Code section 320, which provides: "Except as otherwise provided by law, the court in its discretion shall regulate the order of proof." (See also People v. Lanphear (1980) 26 Cal.3d 814, 834-835, 163 Cal.Rptr. 601, 608 P.2d 689, vacated and remanded for reconsideration 449 U.S. 810, 101 S.Ct. 57, 66 L.Ed.2d 13, reiterated 28 Cal.3d 463, 171 Cal.Rptr. 505, 622 P.2d 950.)

Other Questions


Does section 1305, subdivision (b) of the California Criminal Code, section 977 of the Criminal Code apply to a defendant's right to be present at trial? (California, United States of America)
Is a criminal defendant entitled to a personal waiver of his right to be present during a criminal trial? (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)
Can a defendant who does not have a written waiver allowing him to attend the criminal trial of a witness be present at the trial of the witness? (California, United States of America)
When two or more criminal charges are consolidated for trial against a single defendant, does Section 954 of the California Criminal Code require a separate trial? (California, United States of America)
What is the test for obtaining a written waiver of a criminal defendant's right to be present at a criminal trial? (California, United States of America)
Does defendant's voluntary absence operate to waive his constitutional right to be present at trial and permitted continuation of the trial? (California, United States of America)
What rights does a criminal defendant have to be personally present at a trial? (California, United States of America)
Can a defendant who is represented by counsel during the first part of a criminal trial invoke his right to self-representation mid-trial? (California, United States of America)
Is a person who is a member of a criminal gang liable for criminal activity if they are not involved in the criminal activity? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.