PEOPLE v. HERNDON

No. B183711.

57 Cal.Rptr.3d 136 (2007)

149 Cal.App.4th 274

The PEOPLE, Plaintiff and Respondent, v. Travis Lee HERNDON, Defendant and Appellant.

Court of Appeal of California, Second District, Division Seven.

As Modified on Denial of Rehearing May 2, 2007.


Attorney(s) appearing for the Case

Carlo Andreani, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Robert F. Katz, Michael J. Wise and Robin Davis, Deputy Attorneys General, for Plaintiff and Respondent.


Certified for Partial Publication.*

JOHNSON, Acting P.J.

This case requires us to decide whether the trial court violated a defendant's right to due process of law when, at the court's direction, five sheriffs deputies wrestled the defendant to the ground, pried open his clenched fists and took his fingerprints. We conclude the use of such brutal force to compel the defendant's obedience to a court order he submit to fingerprinting...

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