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After arresting the defendant, the police are required by law to bring the defendant to court within 48 hours (excluding court holidays) for the arraignment hearing. [12] The arraignment is a very short court hearing. At the arraignment, the judge will: Read what charges the District attorney has filed in court against the defendant (e.g.
Civil rights cases concluded in U.S. district courts, by disposition, 1990–2006 [1]. Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties.
Faretta v. California, 422 U.S. 806 (1975), was a case in which the Supreme Court of the United States held that criminal defendants have a constitutional right to refuse counsel and represent themselves in state criminal proceedings.
At common law, recognized by the Supreme Court in Pennoyer v. Neff (1877), a civil action was commenced by serving process on the defendant within the forum jurisdiction. Service on a defendant within the forum state created jurisdiction over the defendant regardless of whether the defendant was a resident of the state or was merely visiting it ...
The prosecutor's right to demand discovery is not as broad as the defendant's, as it is limited by the defendant's Fifth Amendment protection against self-incrimination. [6] Once reciprocal discovery is invoked, information that a defendant must disclose upon a prosecutor's request typically includes: Witness lists, Exhibit lists,
Discovery procedures for defendants began with adoption of state laws in the 1920s. [2] In the following decades, courts began instituting new procedures. In 1962, for example, the California Supreme Court ordered reciprocal discovery rules, without an initial law requiring it. [ 3 ]
The right to counsel "does not depend upon a request by the defendant, and the courts indulge in every reasonable presumption against waiver." [ 6 ] This is a strict standard and is applied equally to an alleged waiver whether it occurred at trial or in a pre-trial proceeding, such as interrogation.
Case history; Prior: Cert. to the Supreme Court of California Holding; The failure to grant this indigent petitioner seeking initial review of his conviction the services of an advocate, as contrasted with an amicus curiae, which would have been available to an appellant with financial means, violated petitioner's rights to fair procedure and equality under the Fourteenth Amendment.