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YOUNGER v. SMITH

Docket Nos. 38590, 40879, 40912.

30 Cal.App.3d 138 (1973)

106 Cal. Rptr. 225

EVELLE J. YOUNGER, as Attorney General, etc. (formerly as District Attorney), Plaintiff and Appellant, v. PETER S. SMITH, as Judge, etc., et al., Defendants and Respondents. TIMES MIRROR COMPANY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE et al., Real Parties in Interest. JOSEPH P. BUSCH, as District Attorney, etc., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE et al., Real Parties in Interest. (Consolidated Cases.)

Court of Appeals of California, Second District, Division Five.

January 23, 1973.

Attorney(s) appearing for the Case

COUNSEL

Joseph P. Busch, District Attorney, Harry Wood, Harry B. Sondheim and Arnold T. Guminski, Deputy District Attorneys, for Plaintiff and Appellant and for Petitioner in No. 40912.

Robert C. Lobdell, Gibson, Dunn & Crutcher, Robert S. Warren and Gary D. Stabile for Petitioner in No. 40879 and as Amici Curiae on behalf of Plaintiff and Appellant.

McCutchen, Black, Verleger & Shea, Howard J. Privett, Roger A. Ferree, Earl Klein, Feinerman, Furman & Klein, J. Laurent Scharff and Pierson, Ball & Dowd, as Amici Curiae on behalf of Petitioners.

John D. Maharg, County Counsel, Robert C. Lynch, Chief Deputy County Counsel, and Harold S. Vites, Deputy County Counsel, for Defendants and Respondents and for Respondent.

A.L. Wirin, Fred Okrand and Laurence R. Sperber as Amici Curiae on behalf of Defendants and Respondents, Petitioner in No. 40879 and Respondent in No. 40912.

Francis Patrick O'Keefe and Joseph Nick Bravaro as Amici Curiae on behalf of Respondent in No. 40879.

Kanarek & Berlin, Irving A. Kanarek and Sheldon Berlin for Real Party in Interest Antelo.

No appearance for other Real Parties in Interest.

OPINION

KAUS, P.J.

These three matters, one appeal and two writ proceedings, arise collaterally from two separate criminal prosecutions. They involve issues concerning the validity, interpretation and enforceability of orders designed to curb potentially prejudicial pretrial publicity in criminal cases.

In Younger v. Smith we reverse a contempt conviction because...

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