discussing the preced- ing possibility where the alleged rape took place in a mental institution, the complainant was a patient, and the defendant was one of her caretak- ers
How later courts described this case
- discussing the preced- ing possibility where the alleged rape took place in a mental institution, the complainant was a patient, and the defendant was one of her caretak- ers
- conviction reversed on other grounds
Written by the judges who cited it.
The opinion
*467 NEWSOM, J.
After the same searching and troubled consideration given this case by my colleagues, I concur in the judgment and in the reasoning which supports it, except that I do not endorse the majority’s implication that the trial court had a duty to advise counsel of the proper means of invoking Code of Civil Procedure section 170.6.
I may add that I do not see in what way Code of Civil Procedure section 170.6 involves, or affects, the interests of justice.
A petition for a rehearing was denied February 27, 1980, and respondent’s petition for a hearing by the Supreme Court was denied March 27, 1980.