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DURDINES v. SUPERIOR COURT

No. E024120.

90 Cal.Rptr.2d 217 (1999)

76 Cal.App.4th 247

David DURDINES, as Deputy Public Defender, etc., Petitioner, v. The SUPERIOR COURT of San Bernardino County, Respondent; The People, Real Party in Interest.

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

November 16, 1999.

Attorney(s) appearing for the Case

David L. McKenna, Public Defender, David W. Negus, Chief Deputy Public Defender and Herbert E. Williamson III, Deputy Public Defender for Petitioner.

Bill Lockyer, Attorney General and Holly D. Wilkens, Deputy Attorney General as Amicus Curiae on behalf of Petitioner.

No appearance on behalf of Respondent.

Dennis L. Stout, District Attorney, Grover D. Merritt, Lead Deputy District Attorney and Mary L. Andonov, Deputy District Attorney for Real Party in Interest.

OPINION

McKINSTER, Acting P.J.

When a defendant seeks to invalidate his conviction by claiming that his trial attorney failed to preserve an allegedly crucial objection, does the superior court have the power to order the trial attorney to explain his action or inaction, either in person or by declaration, before the issuance of the writ of habeas corpus? No. Accordingly, we grant the petition.

Defendant...

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