California Court of Appeal

When a defendant successfully moves to suppress evidence and the action against him is dismissed and refiled, the judge who heard the original motion is not "available" to hear the second suppression motion if a peremptory challenge is filed in the second action to disqualify him.

Appellate Information

• Decided 06/28/2001
• Published 06/28/2001

Judges

• MIRIAM A. VOGEL, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Steve Cooley, District Attorney, George M. Palmer, Head Deputy District Attorney, and Brent Riggs, Deputy District Attorney, for Petitioner., Michael P. Judge, Public Defender, Judith Greenberg, Mark Harvis and John Hamilton Scott, Deputy Public Defenders, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.