Barnes v. Superior Court

Opinion

CROSKEY, J.

Petitioner Dale Sheldon Barnes, seeks a writ of mandate directing the trial court, Judge Teri Schwartz, to vacate its order denying his request to have his second motion to suppress evidence heard by the same judge who granted his first motion, Judge Terry Smerling. Barnes asserts the trial court erred in concluding the People’s affidavit, filed as to Judge Smerling pursuant to Code of Civil Procedure section 170.6, precluded the judge from hearing Barnes’s second motion to suppress evidence under the provisions of Penal Code section 1538.5, subdivision (p).

For the reasons…