PEOPLE v. SUPERIOR COURT (DOMINGUEZ)

No. D073943.

28 Cal.App.5th 223 (2018)

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; FLORENCIO JOSE DOMINGUEZ, Real Party in Interest.

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

October 17, 2018.


Attorney(s) appearing for the Case

Summer Stephan , District Attorney, Mark A. Amador , Linh Lam and Christine L. Bannon , Deputy District Attorneys, for Petitioner.

G&P Schick, Malcolm D. Schick and Douglas S. Rafner for the Institute of Environmental Science and Research Limited as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Matthew J. Speredelozzi for Real Party in Interest.

Bardis Vakili , Vera Eidelman , Andrea Woods , Brett Max Kaufman , Brandon Buskey and Rachel Goodman for the American Civil Liberties Union and the American Civil Liberties Union of San Diego & Imperial Counties as Amici Curiae on behalf of Real Party in Interest.

Wolf, Greenfield & Sacks, Gerald B. Hrycyszyn , Michael A. Albert , Anant K. Saraswat ; Dana M. Delger , Linda Starr , Justin Brooks , Alexander Simpson and Paula M. Mitchell for the Innocence Project, Inc., the California Innocence Project, the Northern California Innocence Project at Santa Clara University School of Law, and Loyola Law School's Project for the Innocent as Amici Curiae on behalf of Real Party in Interest.

Justine M. Luongo , Richard Torres , Terri Rosenblatt and Cynthia Conti-Cook for the Legal Aid Society of New York, New York, as Amicus Curiae on behalf of Real Party in Interest.


OPINION

In this writ proceeding, the People seek relief from a discovery order requiring them to produce certain materials related to DNA testing in a criminal action. With respect to the four categories of evidence at issue, three separate grounds for relief are pursued. We find each has merit. Accordingly, we grant...

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