ALVAREZ v. SUPERIOR COURT

No. A117202.

64 Cal.Rptr.3d 854 (2007)

154 Cal.App.4th 642

Alberto ALVAREZ, Petitioner and Defendant, v. The SUPERIOR COURT of San Mateo County, Respondent; San Jose Mercury News, Inc., et al., Real Parties in Interest.

Court of Appeal of California, First District, Division One.

As Modified August 27, 2007.


Attorney(s) appearing for the Case

Charles Robinson, Redwood City, Eric Liberman, Millbrae, and John Halley, Redwood City, for Petitioner and Defendant.

Stephen Wagstaffe, Redwood City, for Respondent.

Edmund G. Brown, Jr., Attorney General, Ronald S. Matthias, Senior Assistant Attorney General for Real Party in Interest, Office of the Attorney General.

Sheppard, Mullin, Richter & Hampton, James M. Chadwick, San Francisco, and Guylyn R. Cummins, San Diego, for Real Party in Interest, San Jose Mercury News, Inc.


MARCHIANO, P.J.

Penal Code section 938.1, subdivision (b),1 provides that grand jury transcripts shall be open to the public after an indictment issues unless the court finds a "reasonable likelihood" that their release will prejudice the defendant's right to a fair trial. (Pen.Code, § 938.1, subd. (b).) The First Amendment of the United...

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