California Court of Appeal

Following charges against defendant for allegedly killing his mother, defendant's petition for a writ of mandate challenging the superior court's order granting the People, the media, and defendant access to a reporter's transcripts of two prior jury trials conducted pursuant to the Lanterman-Petris-Short Act (LPS) that resulted in defendant not being involuntarily conserved, is granted, where: 1) the superior court erred in granting the People and the media access to the transcripts from defendant's two LPS jury trials; 2) involuntary conservatorship proceedings under the LPS Act are not "ordinary civil trials and proceedings" that are presumptively public; 3) there is not such a tradition of openness or utility associated with having the proceedings public to support a finding of a constitutional right of access; and 4) Welfare and Institutions Code section 5118 makes LPS jury trials presumptively nonpublic, and the superior court erred in concluding that the parties by their conduct, were deemed to have requested that the hearing be public.

Appellate Information

• Decided 09/04/2013
• Published 09/04/2013

Judges

• MARQUEZ

Court

• California Court of Appeal

Counsel