CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Court Control of Proceedings
......Dismissal/Acquittal Motions
3 Cards On This Topic:

Error to dismiss felony charges due to O's lost dashcam footage where the footage had no exculpatory value and no substantial evidence supported finding D was prejudiced by the delay in prosecution.

Father guilty of involuntary manslaughter and child abuse homicide of his 3-mo.-old son even though son died 8 yrs. later of complications resulting from the initial abuse.

Though court should have argued D's dismissal motion and ruled outside jury's presence, no prejudice where defense counsel informed the court he would not argue the motion, D not denied fair trial, and he confessed on the stand.