The PEOPLE, Petitioner,
v.
The SUPERIOR COURT of Santa Clara County, Respondent;
Hikmat Mustafa Mouchaourab, Real Party in Interest.
[And four other cases.]
Court of Appeals of California, Sixth District.https://leagle.com/images/logo.png
February 18, 2000.
February 18, 2000.
Attorney(s) appearing for the Case
George W. Kennedy, District Attorney, William W. Larsen, Assistant District Attorney, and Matthew Braker, Deputy District Attorney, for Petitioner in No. H019369, and Robert Baker, Deputy District Attorney, for Petitioner in No. H019706.
No appearance for Respondent.
Office of the Public Defender, Jose R. Villarreal, Public Defender, Gregory C. Paraskou, Deputy Public Defender, for Real Party in Interest in No. H019369.
John T. Philipsborn, Los Angeles, for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Respondent Superior Court and Real Party in Interest in No. H019369.
Nolan & Armstrong, Thomas J. Nolan, Mara I. Kapelovitz, Gerald Uelmen, Attorneys for Real Party in Interest in No. H019706.
O'Melveny & Myers, Daniel F. Bookin and Michael Tubach; Munger Tolles and Olson, Jerome Roth; Kenneth W. Robinson; Topel & Goodman, William M. Goodman; Nolan and Armstrong, Thomas R. Nolan; Manchester & Williams, Steven R. Manchester; Ruby & Schofield, Allen Ruby; Cooper, Arguedas and Cassman, Cristina Arguedas, for Real Parties in Interest in No. H019849.
Berndt Ingo Brauer, Attorneys for Real Party in Interest in No. H020073.
Office of the Public Defender, Jose R. Villarreal, Public Defender, Charlie Gillan, Deputy Public Defender, Attorneys for Real Party in Interest in No. H020156.
Court of Appeals of California, Sixth District.
BAMATTRE-MANOUKIAN, Acting P.J.
In these original proceedings, we consider a significant issue of criminal procedure: to what extent may an indicted defendant obtain discovery of nontestimonial grand jury proceedings for the purpose of preparing a Penal Code section 995 motion to dismiss the indictment on grounds of lack of probable cause?1 Our Supreme Court has recognized that the grand jury's ability to consider the evidence impartially...
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