JONES v. SUPERIOR COURT

Docket No. D020373.

26 Cal.App.4th 92 (1994)

31 Cal. Rptr.2d 264

BRYAN MAURICE JONES, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

June 23, 1994.


Attorney(s) appearing for the Case

COUNSEL

Loren I. Mandel, Alternate Public Defender, Jacqueline C. Crowle, Deborah Carson and Jose H. Varela, Deputy Alternate Public Defenders, for Petitioner.

David Meyer, Assistant Public Defender (Los Angeles), John Hamilton Scott, Deputy Public Defender, John T. Philipsborn and Gary M. Mandinach as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Edwin L. Miller, Jr., District Attorney, Thomas F. McArdle and Edward J. Mantyla, Deputy District Attorneys, for Real Party in Interest.


OPINION

HUFFMAN, J.

In this case, we are asked to determine the propriety of imposing sanctions on a petition for writ of mandate and request for stay. Sanctions are warranted where counsel omits critical facts intending to create a sense of emergency solely for delay. Because, however, we believe the omissions here were unintended, a product of time pressures combined with short-sighted advocacy, we refrain from imposing sanctions...

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