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MILLER v. SUPERIOR COURT

No. C027176.

77 Cal.Rptr.2d 827 (1998)

Ellen MILLER, Petitioner, v. The SUPERIOR COURT of San Joaquin County, Respondent, The People, Real Party in Interest.

Court of Appeals of California, Third District.

Review Granted November 24, 1998.

Attorney(s) appearing for the Case

Charity Kenyon, Samuel T. McAdam, Diepenbrock, Wulff, Plant & Hannegan, Sacramento, for Petitioner.

John E. Carne, David E. Durant, Crosby, Heafey, Roach & May, Oakland, Steven H. Johnanson, Johanson & Robinson, Sacramento, Amici Curiae for Petitioner.

No appearance for Respondent.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, Edmund D. McMurray and Margaret Venturi, Supervising Deputies Attorney General, Susan J. Orton, Deputy Attorney General, for Real Party in Interest.

PUGLIA, Presiding Justice.

In virtually identical language, Evidence Code section 1070 and article I, section 2, subdivision (b) of the State Constitution immunize members of the print and electronic media from an adjudication of contempt for refusing to disclose either the source of information or unpublished information obtained in the course of their news gathering activities. The question before us is whether this media "shield law" provides immunity where the...

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