GARDNER v. SUPERIOR COURT

No. A125861.

185 Cal.App.4th 1003 (2010)

RAYMOND GARDNER, Petitioner, v. THE SUPERIOR COURT OF CONTRA COSTA COUNTY, Respondent; COUNTY OF CONTRA COSTA, Real Party in Interest.

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

June 18, 2010.


Attorney(s) appearing for the Case

Daniel A. Horowitz, under appointment by the Court of Appeal, for Petitioner.

Elias Batchelder for Habeas Corpus Resource Center as Amicus Curiae on behalf of Petitioner.

Robin Lipetzky, Acting Public Defender, and Jonathan Laba, Deputy Public Defender, for Public Defender of Contra Costa County as Amicus Curiae on behalf of Petitioner.

John T. Philipsborn for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Petitioner.

Natasha Minsker for American Civil Liberties Union as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Sharon L. Anderson, County Counsel, Esther Milbury and Rebecca Hooley, Deputy County Counsel, for Real Party in Interest.

Robert J. Kochly, District Attorney, and Doug MacMaster, Deputy District Attorney, for District Attorney of Contra Costa County as Amicus Curiae on behalf of Real Party in Interest.

Edmund G. Brown, Jr., Attorney General, and Gerald A. Engler, Assistant Attorney General, upon the request of the Court of Appeal.


OPINION

RICHMAN, J.

Penal Code section 987.9 (section 987.9) provides that in "the trial of a capital case ... [an] indigent defendant ... may request the court for funds for ... investigators, experts, and others for the preparation... of the defense." Apparently for years, the Contra Costa County Superior Court entertained section 987.9 requests by indigent defendants charged...

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