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PEOPLE v. MUNICIPAL COURT (RUNYAN)

Docket No. L.A. 30722.

20 Cal.3d 523 (1978)

574 P.2d 425

143 Cal. Rptr. 609

THE PEOPLE, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE PASADENA JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Respondent; DONALD GENE RUNYAN, Real Party in Interest and Respondent.

Supreme Court of California.

January 20, 1978.

Attorney(s) appearing for the Case

COUNSEL

Byron B. Gentry, City Prosecutor, and Martin H. Wegman, Deputy City Prosecutor, for Plaintiff and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, David R. Chaffee, Frederick R. Millar, Jr., Sandy Kreigler and Juliet H. Swoboda, Deputy Attorneys General, John K. Van de Kamp, District Attorney (Los Angeles), Harry B. Sondheim and Roderick W. Leonard, Deputy District Attorneys, Burt Pines, City Attorney (Los Angeles) and Mark Rosenbaum, Deputy City Attorney, as Amici Curiae on behalf of Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Lewis R. Titus, Jr., Horn & Hoppe and Michael J. Hoppe, Jr., for Real Party in Interest and Respondent.

OPINION

RICHARDSON, J.

In this case we inquire whether courts may permit a defendant in a criminal case to depose prosecution witnesses prior to trial, despite the defendant's failure to establish, as required by statute (Pen. Code, § 1335 et seq.), that the witnesses are about to leave the state or are unlikely to attend the trial. We conclude that although courts possess broad inherent powers to provide for discovery in criminal...

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