Birts v. Superior CourtAnnotate this Case
Birts was charged with several counts of felony domestic violence, with special allegations for use of a deadly weapon, serious felony enhancements, prior strikes and prison priors. Shortly after the trial judge, Buchwald ruled on several pretrial motions, the District Attorney successfully moved to dismiss the case for insufficient evidence. The following day, the case was refiled under a new case number. The prosecutor stated that “[t]he dismissal was based on in limine rulings that were made excluding certain evidence. The refiled case was assigned to Buchwald. The District Attorney successfully moved to disqualify him under Code of Civil Procedure section 170.6. The court of appeal vacated, finding that the District Attorney’s peremptory challenge in the refiled case was untimely because the second action was a mere continuation of the first.