PRELIMINARY HEARING

The prosecution begins a felony case by filing a grand jury indictment or by filing a complaint with a magistrate. If a complaint is filed, a preliminary hearing must be held before a magistrate to ensure there is sufficient evidence to hold a defendant to answer for the charges against him in the trial court. When an indictment is filed, there is no right to a preliminary hearing. At the preliminary hearing, the prosecution must present sufficient evidence to convince the magistrate that probable cause exists to believe that a crime has been committed by the defendant. If the prosecution makes this showing, the magistrate will hold the defendant to answer to the charge in the trial court. The prosecution must then file an information in that court within 15 days. Once the magistrate makes a holding order, the magistrate’s power ceases and jurisdiction vests in the trial court to deal with the charges in the case. Because the vast majority of felony cases settle before trial, the preliminary hearing may be the sole proceeding at which evidence is taken. The preliminary hearing gives the defense a key opportunity to show the prosecutor why a particular settlement is justified, and to show the magistrate why the case should be discharged or reduced. It also provides one of the few opportunities to reduce a wobbler and to eliminate enhancements. The defense may cross-examine witnesses for purposes of raising an affirmative defense, negating an element of the offense, or impeaching a witness. If the defendant does not have an adequate opportunity to cross-examine the witness, the preliminary examination testimony may not be admissible. The defense may also bring a motion to suppress at a preliminary hearing, provided there is sufficient notice. The defense may also request that the magistrate make factual findings which may result in the discharge of some or all charges. When the felony charged in the complaint could have been charged as a misdemeanor, he judge may reduce the charge to a misdemeanor.

Source: CEB: California Criminal Law Procedure & Practice

Los Angeles Times: Obama will travel to San Bernardino to mourn victims of massacre

President Obama speaks on Islamic State in the Pentagon briefing room on Dec. 14. (Olivier Douliery / Getty Images)

Michael A. Memoli
December 16, 2015

President Obama will travel to San Bernardino on Friday to join in mourning the 14 victims of the Dec. 2 mass shooting that he has called an act of terrorism, the White House said Wednesday.

Obama’s visit to Southern California was added to his previously scheduled trip to Hawaii, where he and the first family will celebrate Christmas, as has been their tradition during his presidency.

During his San Bernardino stop, Obama will visit privately with families of victims, White House Press Secretary Josh Earnest said. Further details of the president’s visit were not disclosed. White House officials have previously said that any presidential visit — like others to communities affected by mass shootings — would take local memorial plans into account.

Syed Rizwan Farook and Tashfeen Malik opened fire two weeks ago at a holiday party at the Inland Regional Center in San Bernardino, killing 14 and wounding 22 in the deadliest terrorist attack in the U.S. since 9/11. Farook and Malik, who were married, were killed in a gun battle with police hours later.

The subsequent investigation has revealed that Farook, a U.S. citizen, and Malik, who entered the U.S. on a so-called fiancee visa, had been plotting an attack for months. Both pledged allegiance to Islamic State.

To read expanded article, click here.

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InlandPolitics: Trump widens lead in latest national poll

Wednesday, December 2, 2015 – 08:30 a.m.

Billionaire Businessman Donald Trump has widened his lead in the race for the republican nomination for President of the United States.

The latest numbers come with just sixty days until the Iowa Caucuses.

The poll’s analysis has bad news for Retired Pediatric Neurosurgeon Ben Carson, who one month ago was essentially tied with Trump.

Carson now sits at number three in the nationwide poll, with 16-percent. That’s down 7-percentage points from a month ago.

The only candidates to place at 5-percent or higher are Trump, Carson, Florida U.S. Senator Marco Rubio, Texas U.S. Senator Ted Cruz and Former Florida Governor Jeb Bush. All other contenders are currently bottom-feeding for a small fraction for votes in the hope of re-igniting their respective campaigns, which at this point in the race is bleak.

To read the news release by respected Quinnipiac University, click here.

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Visit the ghosts of Christmas past as Calico kicks off its holiday season

Calico Ghost Town kicks off the Christmas season tomorrow, Saturday, Nov. 28, 2015, with carolers, cocoa, the official Calico tree lighting, and more.  It’s Christmas from a bygone era where visitors can shop without the crowds in a peaceful setting, enjoy some music and games, and have a relaxing day with the family.  The shops open at 9 a.m. and the Holiday Craft Corner opens at 10 a.m.

Santa and Ms. Claus will be on hand to welcome guests.  You can visit them at the Town Hall or catch them for a quick pic as they wander around the ghost town.

Native American dancers will be performing twice during the day at the Livery Stage.  The performance is both entertaining and educational as the narrator explains the history behind the various dances performed.  Children, in particular, are always enthralled by the beat of the drum and the dancers in full regalia.

To read the entire article, click here.

Los Angeles Times: Pass rate for summer California bar exam hits historic low: under 47%

Jason Song
December 25, 2015

For the second year in a row, the percentage of people who successfully took the summer California bar exam fell to a historic low, with less than 47% passing, according to state statistics. Last year, only 48.6% of those who took the exam made the grade, the first time the passage rate dipped below half in nearly a decade.

California’s decrease is small compared with other states’.

Oklahoma’s bar passage rate fell by 11 points to 68%, and New Mexico’s decreased by 12 percentage points to 72%. The bar is offered twice a year, but traditionally more people take the summer exam.

In California, nearly 8,300 law school alums took this year’s July exam; about 4,700 took the February test.

Several experts said that California makes it harder to pass the bar exam than other states.

The downturn comes as law schools have been struggling to attract students. One recent study found that more campuses have been accepting incoming classes with larger numbers of students with poor LSAT scores. Eight out of California’s 21 nationally accredited law schools recently admitted classes that have a “high,” “very high” or “extreme” number of prospective attorneys who have a poor chance of passing the bar based on their LSAT scores, according to the study by Law School Transparency, an advocacy group.

LSAT scores are a key predictor of bar performance, according to research, although some school administrators say performance on the 180-point standardized test isn’t a sign of future success.

At the same time, many alumni are unable to find jobs in the legal profession after graduation, administrators say. As a result, some schools, including Loyola Law School in Los Angeles and UC Hastings have cut class size to try to maintain quality.

To read expanded article, click here.

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The Hill: Obstacles imperil budget deal

By Alexander Bolton – 11/25/15 06:01 AM EST

Congressional leaders face several hurdles to getting a budget deal done by the Dec. 11 deadline, including a fight over health funding that is holding up the omnibus spending package.

There’s also a battle brewing over dozens of policy riders aimed at Wall Street and environmental regulations that Republicans insist should be included in the legislation but Democrats warn could lead to a government shutdown.

Some Republicans also want to add language blocking President Obama’s refugee resettlement program, which would be a non-starter with Democrats, but GOP leaders are reluctant at this point to pursue that path.

Democratic leaders have highlighted the riders as the biggest threat to a year-end spending deal, though discussion of them was postponed until the Thanksgiving recess because of a dispute over funding.

“All riders will be dealt with when we complete a good part of the money bills. We aren’t quite settled on a lot of things yet,” Sen. Barbara Mikulski (Md.), the senior Democrat on the Appropriations Committee, said before the break. “There are still issues related to money.”

The biggest funding holdup relates to the National Institutes of Health (NIH).

Both sides agree the research institute should get a funding boost, but they are at odds over how to pay for it.

Republicans want to take the money out of other programs, such as the Centers for Medicare and Medicaid Services and the Corporation for National and Community Service, which face funding cuts of 20 percent or more. Republicans also want to cut the National Labor Relations Board and preschool development programs.

Mikulski and Democrats argue the boost for NIH should come from the additional budget cap space created by a bipartisan deal struck between President Obama and GOP leaders last month.

“We all would like to raise money for NIH, but the question is do we add more money from what we got out of the budget agreement or do we continue to take money from other programs,” Mikulski said. “We believe you shouldn’t shortchange other programs.”

Negotiators also must hash out how much of the extra money provided by the budget deal should go to the Department of Homeland Security and the FBI in the wake of the Paris terrorist attacks.

To read expanded article, click here.

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InlandPolitics: San Bernardino can’t get out of its own way again!

Monday, November 23, 2015 – 08:30 a.m.

It sure appears as if San Bernardino still can’t get out of its own way.

As if the city’s beleaguered residents having to endure the stigma of a never-ending bankruptcy proceeding isn’t bad enough.

The latest development? The city will now part ways with three-year City Manager Allen J. Parker.

Yep! Another city manager bites the dust again.

To date, San Bernardino, has spent an inordinately long period of time in Chapter 9 municipal bankruptcy proceedings. One can only imagine that Meredith Jury, the U.S. Bankruptcy Judge overseeing the case, isn’t too thrilled over this latest development.

What makes it even more pathetic is the Parker’s departure is purely politically-driven.

Even though the currently comprised city government composition has been less politically-bloodthirsty that prior regime’s, the trait would appear to be inherent. It’s no secret that there remains much behind-the-scenes gamesmanship taking place.

If the odds for city’s of having its eternal bankruptcy petition dismissed weren’t high already, they just moved higher.

The only recent positive development occurred last week when the city finally outsourced its refuse collection services. A revenue-generating move that should have happened long ago.

The city council, in addition to ineptly showing Parker the door,  graciously agreed to give him a one-year severance package.

Whatever the reasons for forcing Parker out, it’s not a favorable situation for all involved.

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