California Court of Appeal

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Abernathy v. Superior Ct. (People), A119308

In case where petitioner is charged with murder and is eligible for death penalty, petition for writ of mandate challenging order denying petitioner's request for daily transcripts of her preliminary examination is granted as Penal Code section 190.9(a)(1) requires the transcripts, and the magistrate had no discretion to deny her motion.

Appellate Information

  • Decided 12/03/2007
  • Published 12/03/2007

Judges

  • MARCHIANO, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Public Defender Contra Costa County, David Coleman, Laurie Mont, for Petitioner., Attorney General of the State of California, Edmund G. Brown Jr., Dane R. Gillette, Gerald A. Engler, Stan Helfman, Violet M. Lee, for Real Party in Interest.

  • For Appellees:
  • No Appearance for Respondent.
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