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California Court of Appeal


Swarthout v. Superior Court of Los Angeles County, B241132

A petition for a writ of mandate, challenging the order of the Los Angeles Superior Court requiring the warden to temporarily transfer an inmate to a county jail for investigative purposes is granted where: 1) language in Supreme Court authority strongly implies that trial courts lack the non-statutory power to order inmate transfers; 2) a statute confirming the courts' inherent powers has been held not to apply to transfer orders when there is no existing judicial proceeding; and 3) any inherent powers of the courts exist only to enable courts to carry out judicial functions and not for investigative purposes.

Appellate Information

  • Decided 08/16/2012
  • Published 08/16/2012

Judges

  • Croskey

Court

  • California Court of Appeal

Counsel

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