Opinion

Stark v. Superior Court

  • 52 Cal. 4th 368
  • 128 Cal. Rptr. 3d 611
  • 257 P.3d 41
  • 2011 Cal. LEXIS 7724
Court
California Supreme Court
Filed
Aug 1, 2011
Status
Published
Author
Kennard
On the bench
Corrigan, Kennard
Cited by
77 cases
Authority
More cited than 0.0%

“The role of the grand jury in an indictment proceeding is to ‘determine whether probable cause exists to accuse a defendant of a particular crime’”

How later courts described this case

  • “The role of the grand jury in an indictment proceeding is to ‘determine whether probable cause exists to accuse a defendant of a particular crime’”

Written by the judges who cited it.

The opinion

KENNARD, J., Concurring.

Here, the court holds, among other things, that an indictment may be set aside under Penal Code section 995 on the ground that the grand jury was wrongly instmcted on the mental state required for an *418 offense. (Maj. opn., ante, at pp. 377, 404.) This holding is logically compelled by Cummiskey v. Superior Court (1992) 3 Cal.4th 1018 [ 13 Cal.Rptr.2d 551 , 839 R2d 1059] (Cummiskey), which held that a claim of instructional error regarding the standard of proof is cognizable under Penal Code section 995. (Cummiskey, supra, at p. 1022, fn. 1 .) I dissented on that point in Cummiskey , arguing that Penal Code section 995 does not authorize a court to set aside an indictment on the ground of instructional error. (Cummiskey, at pp. 1038-1040 (conc. & dis. opn. of Kennard, J.).) But Cummiskey now has the force of precedent, and, as I have stated before, “reiteration of dissenting views is rarely justified.” (International Society for Krishna Consciousness of California, Inc. v. City of Los Angeles (2010) 48 Cal.4th 446, 461 [ 106 Cal.Rptr.3d 834 , 227 P.3d 395 ] (conc. opn. of Kennard, J.); see also Porter v. Superior Court (2009) 47 Cal.4th 125, 142 [ 97 Cal.Rptr.3d 103 , 211 P.3d 606 ].) Therefore, I join in the majority’s holding on this issue.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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