Both matters were continued until October 25 to give Judge Kaleb Cockrum time to review all defense exhibits and documents filed by the attorneys. Judge Christopher Wilson presided over the preliminary hearing so Judge Cockrum will rule over the 995 motion.
The defense is asking that Count 1 and the special allegation for Count 1 be dismissed.
A California Penal Code 995 motion asks the trial judge in a felony case to dismiss one or more of the charges. The defense makes the motion after a California preliminary hearing but before trial.
Alleged victim Gary Harner was in court. Marcelli signed a 977 waiver of personal presence and was not in court today.
From Shouselaw.com:
As Palm Springs criminal defense attorney Michael Scafiddi explains:
"As long as there is some evidence that supports probable cause, a judge cannot grant a 995 motion. Still it is often worth bringing the motion anyway. A 995 motion is an opportunity to highlight weaknesses in the prosecution's case at an early stage."
https://www.shouselaw.com/995-motion.html
Defense 995 motion:
Previous posts:
https://johnchiv.blogspot.com/2018/09/trial-setting-for-kody-marcelli.html?m=1
https://johnchiv.blogspot.com/2018/09/defense-files-995-motion-in-kody.html?m=1
https://johnchiv.blogspot.com/2018/09/kody-marcelli-can-afford-two-private.html?m=1
(links to other coverage on this case including detailed coverage of the preliminary hearing)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.