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MERRILL v. SUPERIOR COURT

Docket No. G015114.

27 Cal.App.4th 1586 (1994)

33 Cal. Rptr.2d 515

THOMAS READ MERRILL, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party In Interest.

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

August 31, 1994.

Attorney(s) appearing for the Case

COUNSEL

Stewart & Barnett, John D. Barnett and William J. Genego for Petitioner.

No appearance for Respondent.

Michael R. Capizzi, District Attorney, Maurice L. Evans, Chief Assistant District Attorney, Wallace J. Wade, Assistant District Attorney, Kathleen M. Harper and Eric W. Snethen, Deputy District Attorneys, for Real Party in Interest.

OPINION

SILLS, P.J.

Two men — one White, one Black — robbed a coin store in Newport Beach and murdered two people in the process. The police arrested Eric Wick, who is White, and Thomas Read Merrill, who is Black. In a lineup conducted before their joint preliminary hearing, eyewitnesses positively identified Eric Wick, who had already admitted to the police that he committed the crime. But another witness emphatically...

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