Kerry lyn dalton3/28/2023 ![]() ![]() ![]() Examinations were extended to the periods before and after an information in 1880. The Legislature amended section 1335 several times over the next century, broadening the use of conditional examinations. (§ 1337.)įive years later the California Constitution of 1879 granted the Legislature "power to provide for the taking, in the presence of the party accused and his counsel, of depositions of witnesses in criminal cases, other than cases of homicide, when there is reason to believe that the witness, from inability or other causes, will not attend at the trial." (Cal. " (§ 1336.) The defendant applied for the examination upon affidavit to the court, substantiating one of the two grounds. Section 1335 et seq., enacted in 1872, provided: "When a defendant has been held to answer a charge for a public offense, he may, either before or after an indictment, have witnesses examined conditionally, on his behalf, as prescribed in this Chapter, and not otherwise." (§ 1335.) The grounds for examination were limited to "hen a material witness for the defendant is about to leave the State, or is so sick or infirm as to afford reasonable grounds for apprehending that he will be unable to attend the trial. The Legislature has long provided for the conditional examination of witnesses by a defendant. The People contend section 1335, subdivisions (b) and (c) permit the examinations in "serious felony" cases, including capital cases as defined in section 1192.7. 4 arguing the plain language of section 1335, subdivision (a), prohibits conditional examinations in capital cases. The court found Collins's life was in jeopardy due to illness and ordered she be examined conditionally. Collins purportedly has knowledge about the victim's disappearance and murder. 3 and that she had received a threatening note. on the grounds Collins is terminally ill fn. 2 witness Patricia Collins (Collins) under section 1335 et seq. The People applied for an order to examine conditionally fn. (a)(15)) and the killing involved the infliction of torture (§ 190.2, subd. (a).) The People seek the death penalty, alleging petitioners intentionally killed the victim while lying in wait (§ 190.2, subd. Kerry Lyn Dalton and Sheryl Baker (petitioners) are charged with murder. Based on the century-old prohibition on such examinations and the absence in legislative history of reason to depart from the prohibition, we conclude the People may not conduct conditional examinations in cases where the punishment may be death. 1 section 1335 allow or prohibit the People to examine witnesses conditionally in death penalty cases. ![]() In this proceeding in mandate we must decide whether the apparently conflicting subdivisions of Penal Code fn. Whitaker, Deputy District Attorneys, for Real Party in Interest. Miller, Jr., District Attorney, Thomas F. Thielen II, Deputy Alternate Public Defenders, Alex Landon and Gary Bloch for Petitioners.Įdwin L. Mandel, Alternate Public Defender, Jacqueline C. (Opinion by Froehlich, J., with Work, Acting P. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent THE PEOPLE, Real Party in Interest. ![]()
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