Q: When appeals court reverses a murder and robbery conviction due to tainted evidence and DA wants a retrial, is it

A: Under California law, when an appeals court reverses a murder and robbery conviction due to tainted evidence and the District Attorney (DA) wants a retrial, the case is essentially starting over from the beginning. This means that the defendant will be entitled to the same procedural rights as they were in the original trial.

Here's what you can expect:

1. Arraignment: The defendant will be arraigned again on the charges, and they will enter a plea (guilty, not guilty, or no contest).

2. Penal Code 995 Hearing: The defendant can file a motion under Penal Code 995 to dismiss the charges if there was insufficient evidence presented at the preliminary hearing to hold the defendant to answer for the charges. This hearing would take place again if the case is starting over.

3. Discovery: The prosecution and defense will engage in the discovery process again, where they exchange evidence and information related to the case.

4. Preliminary Hearing: A new preliminary hearing will be held to determine if there is probable cause to believe that the defendant committed the crimes charged. The prosecution will present evidence, and the defense can cross-examine witnesses.

5. Trial: If the case proceeds past the preliminary hearing, it will go to trial again. The prosecution and defense will present their cases, and a new jury will decide on the defendant's guilt or innocence.

It's important to note that the specific procedures may vary slightly depending on the court and the case's circumstances in San Francisco. However, in general, when an appeals court reverses a conviction and orders a retrial, the case starts over from the beginning, and the defendant is afforded the same procedural rights as in the original trial.