The Preliminary Examination
Frequently held in “lower court” w/o jurisdiction to hear the case in its merits
Adversary proceeding to some extent
Prosecutor generally controls when/if have PH
D will often waive PH; don’t want to let prosecution rehearse where pretty sure will find probable cause
Judge’s function to determine “probable cause”
Coleman v. Alabama – held:  counsel is required (if indigent) at preliminary hearing; USSC says it is a “critical stage” of the state’s criminal process;
lawyer’s c-x may expose weaknesses
can establish impeachment for trial
discovery, find out about state’s case
effective arguments for psychiatric exam or bail
C points out that these are not the purpose of preliminary hearing… he says they’re incidental; weird case bc the hearing is not required in the first place, but then called critical!
Consequence:  increased formality of preliminary hearing and changes in laws of evidence that are unfavorable to D’s
Lots of play in various states about how PH is conducted; Massachusetts does on basis of state Constitution so insulated from USSC review (Myers)