California Court of Appeal

Held that a criminal defendant was not entitled to a mandamus writ compelling the superior court to grant the motion to dismiss his indictment. The defendant argued that his due process rights were violated because the prosecutor substantially impaired the grand jury's independence and impartiality by excusing one of the jurors for cause in the presence of the remaining grand jurors. The First Appellate District rejected this argument, concluding that the prosecutor's conduct did not rise to the level of a violation of due process and that the defendant had not made a showing of prejudice sufficient to warrant dismissal of the indictment.

Appellate Information

• Published 2018/07/24

Judges

• Schulman

Court

• California Court of Appeal

Counsel