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ESPINOZA v. SUPERIOR COURT

Docket No. B081752.

28 Cal.App.4th 957 (1994)

34 Cal. Rptr.2d 297

FRANK JAVIER ESPINOZA, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, et al., Real Parties in Interest.

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

September 27, 1994.

Attorney(s) appearing for the Case

COUNSEL

Roger Jon Diamond for Petitioner.

Buchalter, Nemer, Fields & Younger, Marcus M. Kaufman, Debra Solle Healy and John T. Philipsborn as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Gil Garcetti, District Attorney (Los Angeles,), Brent Riggs and Joe Sorrentino, Deputy District Attorneys, DeWitt W. Clinton, County Counsel, Gordon W. Trask and James M. Owens, Deputy County Counsel, for Real Parties in Interest.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Tricia A. Bigelow and David A. Wildman, Deputy Attorneys General, Mayor, Coble & Palmer, Paul R. Coble, Green & Shinee and Richard A. Shinee as Amici Curiae on behalf of Real Parties in Interest.

OPINION

KITCHING, J. —

INTRODUCTION

Petitioner, a defendant in a criminal trial, seeks to prohibit the county sheriff's department from supplying the bailiff in petitioner's trial, in which deputies from that sheriff's department will also testify for the prosecution. Petitioner contends that the common affiliation of bailiff and sheriff's deputy witnesses imposes too great a burden on defense attempts to demonstrate...

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