Supreme Court of California

The prosecution may not peremptorily challenge, under Code of Civil Procedure section 170.6, a judge who had granted a motion to suppress evidence, to make that judge "unavailable" to hear the relitigated motion.

Appellate Information

• Decided 08/01/2002
• Published 08/01/2002

Judges

• CHIN, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
•  Steve Cooley, District Attorney, George M. Palmer, Head Deputy District Attorney, Brentford J. Ferreira and Brent Riggs, Deputy District Attorneys, for Petitioner., Michael P. Judge, Public Defender, Judith Greenberg, Mark Harvis and John Hamilton Scott, Deputy Public Defenders, for Real Party In Interest., Steven J. Carroll, Public Defender (San Diego) and Matthew C. Braner, Deputy Public Defender, for San Diego Public Defenders Office as Amicus Curiae on behalf of Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.