When Can Motion for ''Confession Validity'' Hearing Be Filed ?
California criminal procedure allows a defendant to obtain a hearing on the validity of a confession at different times during the process of prosecution.
The hearing can result from an objection raised at the preliminary hearing or any pretrial hearing where the prosecution attempts to introduce the confession.
It can occur pursuant to a motion under section 995 to set aside the information or indictment where the objection was overruled at the preliminary hearing.
The hearing can also occur pursuant to a pretrial common law motion or motion in limine, or it can occur following an objection raised during trial. (See generally Cal. Criminal Law: Procedure and Practice (Cont.Ed.Bar 4th ed. 1998) Confessions and Admissions, 30.9, pp. 751-752.)
However, a ruling made at the preliminary hearing or pursuant to a common law pretrial motion regarding the admissibility of a confession is not binding on the trial court should the defendant renew a previously denied motion. ( People v. Superior Court (Zolnay) (1975) 15 Cal. 3d 729, 734 [125 Cal. Rptr. 798, 542 P.2d 1390].)