People v. Smithson

In People v. Smithson (2000) 79 Cal.App.4th 480, the defendant had unsuccessfully moved to suppress his confession on Miranda grounds at his preliminary hearing; defendant had testified and presented witnesses. (Smithson, supra, 79 Cal.App.4th at p. 492.) Before trial, when the defendant renewed his motion and sought another evidentiary hearing, the trial court received new evidence but refused to permit the repetition of testimony from the preliminary hearing. (Id. at p. 493.) The Smithson court concluded that the trial court had no due process obligation to conduct another full evidentiary hearing. Due process requires a hearing appropriate to the nature of the case, and because the defendant had been afforded "a full opportunity to present evidence in support of his motion and to examine all of the People's witnesses" in the preliminary hearing, the defendant received due process: "Under these circumstances, where the trial judge considered all the evidence independently, the requirements of due process were satisfied." (Id. at p. 497.)