California Court of Appeal

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Joshua D. v. Super. Ct. (People), G038394

Petition for writ of mandate challenging an order compelling petitioner to testify in proceedings initiated by the district attorney to extend his commitment in a juvenile facility based on an alleged mental illness is granted where Welfare and Institutions Code section 1801.5 affords him the right not to testify in the proceedings because it expressly extends to juveniles facing commitment all rights guaranteed under the federal and state constitutions in criminal proceedings.

Appellate Information

  • Decided 11/30/2007
  • Published 11/30/2007

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Deborah A. Kwast, Public Defender, Thomas J. Havlena, Chief Deputy Public Defender, Kevin J. Phillips, Assistant Public Defender, Deborah Barnum and Martin F. Schwartz, Deputy Public Defenders, for Petitioner., Tony Rackauckas, District Attorney, and Brian F. Fitzpatrick, Deputy District Attorney, for Real Party in Interest.

  • For Appellees:
  • No appearance for Respondent.
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