Legal Opinion

Garcia v. Superior Court

California Court of Appeal

Decided December 18, 1991No. C012079PublishedCited by 2 opinions

1Opinion of the Court

Opinion

PUGLIA, P. J.

Petitioner (defendant) seeks a writ of mandate commanding the respondent superior court to order the magistrate, a judge of the municipal court, to direct the People to conduct a “voice-only” lineup to ascertain if the victim of crimes charged against defendant can identify her assailant’s voice from among the voices of defendant and others. We shall hold that it is within the discretion of the magistrate so to direct the People and we shall grant extraordinary relief accordingly.

On June 7,1991, defendant was charged by a felony complaint filed in the municipal court with…

2Cases cited15 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Wardius v. OregonSupreme Court of the United States · 1973
  3. Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
  4. People v. FeggansCalifornia Supreme Court · 1967
  5. People v. CarusoCalifornia Supreme Court · 1968

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3Cited by2 opinions

  1. People v. NeelyCalifornia Court of Appeal · 1999
  2. San Diego Commerce v. San Diego Daily TranscriptCalifornia Court of Appeal · 1995

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