SB 1437 – When May Judge Consider Prelim Transcript?

In the context of a judge determining whether an SB 1437 petitioner has made a prima facie claim for relief, can a judge read over the preliminary hearing transcript? Most people would think no is the answer. However, if the prosecution files an opposition to the petition and says the petitioner is not qualified under 1437 because petitioner was the actual killer, the judge can consider the preliminary transcript to verify the prosecution’s position. To read a summary of a case where this happened, please click on the following link –

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