P. v. Marzetta CA3
At the beginning of the COVID-19 pandemic, defendant Markus Marzetta was arrested after stabbing a security guard during an altercation in front of a store. Pursuant to the Governor’s emergency orders, the Chief Justice, acting in her capacity as Chairperson of the Judicial Council of California (Judicial Council), issued an order extending the statutory time frame in which to hold a preliminary hearing for defendants held in custody pending trial. Defendant moved to dismiss the complaint filed against him when his preliminary hearing was not held within the 10-day statutory deadline. He argued the Chief Justice lacked authority to extend the deadline and the prosecution’s failure to hold a preliminary hearing within the time provided by the statute constituted a violation of his speedy trial right.
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