California Court of Appeal

In a case wherein a material defense witness, incarcerated and facing deportation, was served with a subpoena but immediately deported upon completion of his sentence, grant of defendant's motion to dismiss the information is reversed where the trial court erroneously concluded that the sheriff's department's act of releasing the witness to federal custody was state action.

Appellate Information

• Decided 04/23/2008
• Published 04/23/2008

Judges

• JONES, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Stan Helfman, Supervising Deputy Attorney General, Amy Haddix, Deputy Attorney General, for Plaintiff and Appellant.


• For Appellees:
  
• Matthew Zwerling, Stephanie Clark, First District Appellate Project, for Defendant and Respondent.