California Court of Appeal

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MILLER v. THE SUPERIOR COURT OF ORANGE COUNTY (PEOPLE), G029632

Denial of a motion to dismiss a third indictment was proper under Penal Code section 1387, permitting a third filing where 1) prior dismissal was due to excusable neglect and 2) prosecutorial conduct did not amount to bad faith.

Appellate Information

  • Decided 08/28/2002
  • Published 08/28/2002

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Dennis P. O'Connell, Anaheim, for Petitioner.,  Tony Rackauckas, District Attorney and Brian Fitzpatrick, Deputy District Attorney for Real Party in interest.

  • For Appellees:
  • No appearance for Respondent.
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