Legal Opinion
Fortes v. Municipal Court
California Court of Appeal
Decided December 19, 1980No. Civ. 19563PublishedCited by 7 opinions
1Opinion of the Court
Opinion
BLEASE, J.
Sharon C. Fortes (Sharon) seeks inter alia a writ of mandate directing the municipal court to vacate its order overruling her claim of spousal privilege (Evid. Code, §§ 970, 971) and requiring her to testify against her husband at his preliminary hearing. We grant the relief.
Facts
Paul A. Fortes (Paul), petitioner’s husband, was charged in a criminal complaint with commission of murder (Pen. Code, § 187) and burglary (Pen. Code, § 459). The prosecution sought to show at the preliminary hearing that in the early morning of December 13, 1979, he entered petitioner’s residence,…
2Cases cited22 opinions
- People v. GreenCalifornia Supreme Court · 1980
- Clark v. United StatesSupreme Court of the United States · 1933
- People v. FordCalifornia Supreme Court · 1964
- People v. SearsCalifornia Supreme Court · 1970
- People v. WilsonCalifornia Supreme Court · 1969
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3Cited by7 opinions
- Descamps v. United StatesSupreme Court of the United States · 2013
- People v. SinohuiCalifornia Supreme Court · 2002
- Descamps v. United StatesSupreme Court of the United States · 2013
- Jutzi v. County of Los AngelesCalifornia Court of Appeal · 1987
- People v. ResendezCalifornia Court of Appeal · 1998
2 more not listed; retrieve them via the Exa API.