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PACKER v. SUPERIOR COURT

No. B229369.

201 Cal.App.4th 152 (2011)

133 Cal. Rptr. 3d 649

JOSHUA GRAHAM PACKER, Petitioner, v. THE SUPERIOR COURT OF VENTURA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Second District, Division Six.

November 28, 2011.

Attorney(s) appearing for the Case

Stephen P. Lipson , Public Defender, and Michael C. McMahon , Chief Deputy Public Defender, for Petitioner.

Law Offices of J. T. Philipsborn and John T. Philipsborn , for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Gregory D. Totten , District Attorney, and Michelle J. Contois , Deputy District Attorney, for Real Party in Interest.

Kamala D. Harris , Attorney General, Dane R. Gillette and Pamela C. Hamanaka , Assistant Attorneys General, A. Scott Hayward , and Keith H. Borjon , Deputy Attorneys General, as Amici Curiae on behalf of Real Party in Interest.

OPINION

PERREN, J.—

Joshua Graham Packer seeks extraordinary writ relief from the trial court's order denying his Penal Code section 9951 motion to dismiss the indictment charging him with three counts of first degree murder (§ 187) and other offenses. The prosecution is seeking the death penalty. (§ 190.2, subd. (a)(3).) Packer contends the indictment must be set aside on the ground of grand juror...

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