California Court of Appeal

Dismissal of a grand jury indictment of defendant under Penal Code section 1385, for the withholding of exculpatory evidence, is reversed where a prosecutor has no duty to present exculpatory evidence to a grand jury and dismissals under section 1385 are disfavored where less drastic remedies exist.

Appellate Information

• Decided 08/24/2004
• Published 08/24/2004

Judges

• RUBIN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Steve Cooley, District Attorney, Patrick D. Moran and Matthew G. Monforton, Deputy District Attorneys, for Plaintiff and Appellant.


• For Appellees:
  
• Geragos & Geragos, Mark J. Geragos, Gregory R. Ellis and Shepard S. Kopp for Defendant and Respondent.