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NIENHOUSE v. SUPERIOR COURT

Docket No. A071273.

42 Cal.App.4th 83 (1996)

49 Cal. Rptr.2d 573

TODD ERNEST NIENHOUSE, Petitioner, v. THE SUPERIOR COURT OF CONTRA COSTA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Five.

January 31, 1996.

Attorney(s) appearing for the Case

COUNSEL

Charles H. James, Public Defender, Paul Mariano and Ron Boyer, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Joan Killeen and Laurence K. Sullivan, Deputy Attorneys General, for Real Party in Interest.

OPINION

HANING, J.

Petitioner Todd Ernest Nienhouse is charged with several possessory drug and firearm offenses. He moved to dismiss the information (Pen. Code, § 995)1 on the ground that he had been denied a substantial right at his preliminary hearing. The magistrate refused to allow petitioner to elicit exculpatory hearsay evidence on cross-examination of the sole prosecution witness, a police...

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