California Court of Appeal

Petition for writ of prohibition to prevent retrial, after trial court finding that defense counsel's failure to move to suppress a coerced confession constituted ineffective assistance per se and sua sponte declaration of a mistrial, is granted as double jeopardy bars retrial.

Appellate Information

• Decided 12/21/2006
• Published 12/21/2006

Judges

• BOREN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Janice Y. Fukai, Alternate Public Defender, Felicia K. Grant and Vito Caruso, Los Angeles, for Petitioner., Steve Cooley, District Attorney, Lael R. Rubin, Head Deputy, Brentford J. Ferreira and Phyllis C. Asayama, Deputy District Attorneys, for Real Party in Interest.


• For Appellees:
  
• No appearance for Respondent.