WHAT DOES PRESUMED PREJUDICE MEAN? (Criminal Defense Lawyer Mary Prevost)
A lengthy pre-filing delay, say a year or so, triggers presumed prejudice under Serna (40 Cal.3d 239). But what does that mean? In Alvarado (60 Cal.App.4th Supp. 1), the LA Appellate Division said a long delay triggers a hearing, but doesn't
mean prejudice is presumed; you have to show actual prejudice to have that factor weigh in your favor.
The Kern Appellate Division disagrees. They hold that a long delay means that prejudice IS
presumed, and weighs in your favor when weighing whether due process has been violated. So now we have dueling appellate divisions.
Bellante v. Superior Court; no DJ cite; 2010 WL 2978066; 2010 Cal.
App. LEXIS 1264; Kern County App. Div.
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