Supoenas/Witness

Name: Facebook, Inc. v. Superior Court (Touchstone)
Case #: D072171
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/26/2017
  • Categories: Supoenas/Witness, Trial Proceedings

Subpoena seeking pretrial discovery of victim's private Facebook communications should have been quashed where content is protected from disclosure under the Stored Communications Act (SCA). Defendant Touchstone was accused of attempting to murder victim Jeffrey R. After the victim posted…

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Name: People v. Herrera
Case #: S171895
Court: CA Supreme Court
District CalSup
Opinion Date: 07/01/2010
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Evidence, Misc, Supoenas/Witness, Trial Proceedings

If a witness is out of the country and is immune from the court's process because he is in a country for which no treaty exists for the production of witnesses for trials in the United States, the prosecution has…

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Name: Kling v. Superior Court
Case #: B208748
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 08/31/2009
Subsequent History: rev. granted 11/10/09 (S176171)
  • Categories: Discovery, Pretrial Motions, Supoenas/Witness, Trial Proceedings

The prosecution plays a limited role in hearings conducted pursuant to Penal Code section 1326. In People v. Superior Court (Humberto S.) (2008) 43 Cal.4th 737, the California Supreme Court held that the prosecution must receive notice of a hearing…

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Name: People v. Carrillo
Case #: B199656
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 06/09/2008
  • Categories: By CALJIC Number, Conflicts, Ineff. Assist. Counsel (IAC), Jury Instructions, Right to Counsel, Supoenas/Witness, Trial Proceedings

The trial court did not err when it refused to compel the attendance of witnesses from Mexico. During his murder trial, Carrillo unsuccessfully sought to have the prosecutor and the trial court help him obtain evidence or secure the trial…

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Name: People v. Garcia
Case #: F052116
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 02/15/2008
  • Categories: Supoenas/Witness, Trial Proceedings

Trial court's error in requiring prisoner defendant to serve subpoenas on witnesses was harmless error. At Garcia's trial for possession of a sharp instrument in prison, the trial court required the self-represented defendant to serve subpoenas on his prisoner witnesses…

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Name: In re D.W.
Case #: G031779
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 10/25/2004
  • Categories: Supoenas/Witness, Trial Proceedings

D.W. was a material witness to a robbery, and had failed to appear several times at trial, after having been subpoenaed to appear in court, and was ultimately incarcerated pursuant to Penal Code sections 1332 and 1209. This habeas proceeding…

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Name: In re Francisco M.
Case #: B146747
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 01/31/2001
Subsequent History: None
  • Categories: Supoenas/Witness, Trial Proceedings

In this writ proceeding, the superior court was ordered to conduct immediate hearings as to whether two minors, who had been detained for ten weeks as material witnesses in a special circumstance murder prosecution, should continue to be detained. Under…

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