Re: Why did he say "no evidence"?

Michael Jacobs <[EMAIL PROTECTED]> wrote:
>John's right, of course.   In reviewing my prior post that started
>this subthread, the only point I was trying to make was that the plea
>stage and the trial/verdict stage are separate, and that you can only
>have a finding of "not guilty" entered after a merit trial, or a
>motion to dismiss.   In some states, esp. for serious charges, the
>plea stage is a separate court appearance, called an "arraignment"
>(e.g. as just happened a few weeks ago in the Kobe Bryant case).

IIRC, the recent circus in the Kobe Bryant case was a "preliminary
hearing", not an "arriagnment".

>All
>that the court decides at a plea hearing / arraignment is whether
>there is enough evidence on the State's side to go forward with the
>charge, regardless of what the plea is.

In California, deciding whether there is enough evidence to proceed is
done at a "preliminary hearing".  The arraignment comes first, and is
usually free of any controversy.  The defendant is told (formally)
what the charges against him/her are, and given an opportunity to
enter a plea.

Sometimes there will be motions to dismiss or suppress evidence at
the arraignment, but those are more likely to be made at the
preliminary hearing or at a special "motion hearing".

    [snip]
>So, I do think it still correct that once a judge has accepted a
>guilty plea, there is no way to "find" the defendant not guilty
>because there is no trial of a contested issue.   The only way to get
>to the trial stage is for the judge to accept a plea of "not guilty"
>and thereby put the state to its proof.

I didn't know the judge had to "accept" a plea of "not guilty".  As
far as I know, the plea of "not guilty" automatically forces a trial
on the merits unless the judge grants a motion to dismiss.

The rules might be different in other states, of course.

Might a judge dismiss on his own motion?
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