Sheriff, Humboldt County v. Marcum

OPINION

Appellant Sheriff of Humboldt County (State) asks this court to reverse the district court’s decision granting respondents’ (Harbin and Marcum) petition for a writ of habeas corpus. We affirm the district court’s decision.

FACTS

On May 29, 1987, Harbin and Marcum were arrested in Humboldt County and charged with various offenses. The grand jury indicted both men on all charges. The district court granted Harbin’s and Marcum’s petition for a writ of habeas corpus because, among other reasons, the district attorney failed to give them reasonable notice of the grand jury proceedings in…