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California Court of Appeal


DUSTIN v. SUPERIOR COURT OF THE STATE OF CALIFORNIA, STANISLAUS COUNTY (PEOPLE), F039023

During grand jury proceedings in a capital murder case, prosecutor's ordering the court reporter to leave during opening and closing arguments was error under Penal Code section 190.9, and denied defendant a substantial right, mandating dismissal of the indictment.

Appellate Information

  • Decided 07/10/2002
  • Published 07/10/2002

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Tim Bazar, Public Defender, Martha J. Carlton-Magana, Deputy Public Defender; and Krista Hart, for Petitioner., James C. Brazelton, District Attorney, and Rick Distaso, Deputy District Attorney, for Real Party in Interest.

  • For Appellees:
  • No appearance for Respondent.
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