CABE v. SUPERIOR COURT

No. B114696.

74 Cal.Rptr.2d 331 (1998)

63 Cal.App.4th 732

Angelo Casabar CABE, Petitioner, v. SUPERIOR COURT of Los Angeles County, Respondent; The People, Real Party in Interest.

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

April 30, 1998.


Attorney(s) appearing for the Case

Michael P. Judge, Public Defender, Albert J. Menaster, Jefrey Zimel and Alex Ricciardulli, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Gil Garcetti, District Attorney, Patrick D. Moran and Moira J. Curry, Deputy District Attorneys, for Real Party in Interest.


BOREN, Presiding Justice.

I. FACTUAL AND PROCEDURAL BACKGROUND

Petitioner, while undergoing voir dire by a judge, was asked the following question: "Anybody in your immediate family or yourself been arrested?" Petitioner answered: "One of my boys was arrested." It was true that one of petitioner's sons had been arrested. However, petitioner failed to reveal that he, too, had at one time been arrested. Later, the judge asked a "catchall" question which asked...

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