Is there any case law or precedent for a per se dismissal under the per se rule?

California, United States of America


The following excerpt is from People v. Cantrell, 7 Cal.App.4th 523, 9 Cal.Rptr.2d 188 (Cal. App. 1992):

On appeal, appellant argues that evidence of prosecutorial misconduct was sufficiently egregious here to warrant application of the dismissal per se rule of Barber v. Municipal Court (1979) 24 Cal.3d 742, 157 Cal.Rptr. 658, 598 P.2d 818. We disagree.

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