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eBook details

• Title: In re Michele D.
• Author : California Supreme Court
• Release Date : January 16, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

It is a general rule that, outside of a contempt proceeding, trial courts lack inherent power to impose a monetary sanction against an attorney for misconduct in court. The authority to impose such a sanction must be found in a statute. This has been the declared law in California for at least the past 25 years. (See Bauguess v. Paine (1978) 22 Cal.3d 626.) We apply it here in the context of a monetary fine levied against a prosecutor for exercising jury peremptory challenges in violation of the constitutional principles laid down in People v. Wheeler (1978) 22 Cal.3d 258, and other cases.

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