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O'BRIEN v. SUPERIOR COURT

Docket Nos. 15715, 15729, 15740, 15786.

61 Cal.App.3d 62 (1976)

132 Cal. Rptr. 13

WILLIAM M. O'BRIEN, as Director, etc., Petitioner, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; JOSEPH C. et al., Real Parties in Interest. In re LONNIE G. on Habeas Corpus. In re JOYCE M. on Habeas Corpus. In re BEVERLY A. on Habeas Corpus.

Court of Appeals of California, Fourth District, Division Two.

August 16, 1976.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, N. Eugene Hill, Assistant Attorney General, Ronald V. Thunen, Jr., and Robert S. Henry, Deputy Attorneys General, for Petitioner in No. 15715 and for Respondent in Nos. 15729, 15740 and 15786.

Charles E. Ward, Public Defender, and Littleton M. Gunn, Deputy Public Defender, for Real Parties in Interest and for Petitioners in Nos. 15729, 15740 and 15786.

No appearance for Respondent in No. 15715.

OPINION

GARDNER, P.J.

These four writ proceedings present a common issue: Whether there is a right to jury trial in a habeas corpus proceeding brought by a person civilly committed as mentally retarded pursuant to Welfare and Institutions Code section 6500 et seq.

In 4 Civil 15715 the Medical Director of Patton State Hospital and the State Department of Health seek a writ of prohibition...

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