Hawkins v. Superior Court

I respectfully dissent. My disagreement with the majority is twofold: (1) the grand jury’s indictment procedure as presently used in California is expressly authorized by our state Constitution which also vests in the California Legislature the exclusive power to abolish or amend the procedure; and (2) even if we possessed the authority to modify the present grand jury system, no invidious discrimination or inequality exists which would mandate the postindictment hearing procedure fashioned by the majority.

1. No Judicial Power to Amend Indictment Procedure

There is a preliminary issue barely…