33 Cal. 4th 738 - People v. Wallace’s Empirical Analysis

Citation profile

6 federal appellate · 25 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It has long been the rule in [California] that a magistrate’s dismissal of criminal charges following a preliminary examination does not bar the People from either refiling the same charges before another magistrate or seeking an indictment based upon those charges.... [T]he magistrate lacks the power to make a finding regarding the guilt or innocence of the accused, for the magistrate’s authority is limited to determining whether sufficient or probable cause exists to hold the defendant for trial. Accordingly, as the magistrate has no power to make a determination on the merits of the case before him, there is no room for the application of the doctrines of res judicata or collateral estoppel. It is, of course, the rule in [California] that the magistrate’s order dismissing a felony complaint is not a bar to another prosecution for the same offense, either by filing a subsequent complaint ... or by seeking a grand jury indictment. Even a dismissal in the superior court following an order setting aside an information or indictment is no bar to a future prosecution for the same offense .... ... [California] cases have upheld subsequent prosecutions following dismissals ordered for such reasons as insufficiency of the evidence ..., lack of probable cause to commit ..., delay in prosecution ..., failure to exclude unauthorized persons from the courtroom ..., and furtherance of justice....”

   1 later decision quote this exact passage
   e.g. 687 F. Supp. 2d 1005 - Moore v. CHRONES