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McGeorge Law Review

Abstract

Beginning in the early 1960's the United States Supreme Court expanded the rights of criminal defendants. To protect these rights, courts and state legislatures had to create a supporting procedure, often expressed in terms of pretrial motions. This in turn has contributed to the excessive delays and complexity of criminal trials. To solve this problem and still protect the rights of defendants, several jurisdictions have attempted an omnibus hearing which requires that all pretrial motions be made at one time. The author assesses the merits of these pretrial motion projects in light of existing California law. He also identifies the essential elements which should be included in any legislation enacted to require an omnibus hearing.

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