California ex rel. v. Superior Court (South Lake Tahoe etc.)
Annotate this CaseThe District Attorney of El Dorado County convened a criminal grand jury and issued subpoenas to witnesses in connection with a peace officer's 2015 fatal shooting of a suspect, deliberately waiting until 2016 in order to challenge the Legislature's amendment of Penal Code section 917. On the motions of the real parties in interest South Lake Tahoe Police Officers' Association, the superior court issued orders quashing the District Attorney's subpoenas and dismissing the criminal grand jury. The District Attorney thereafter filed this petition in the name of the People seeking a writ of mandate directing the superior court to overturn its orders. The Court of Appeal granted leave to a number of amici to file arguments in support of the petition. After review of this matter, the Court concluded the legislative object could not be accomplished in this manner: "it intrudes on the constitutional grant of authority to the criminal grand jury to issue an indictment after inquiry, which taken to its logical conclusion would allow the Legislature by statute to abrogate indictments entirely for all classes of offenses. The Legislature instead must seek a constitutional amendment to accomplish the same end as section 917, or otherwise act to amend grand jury procedures in lethal force cases to achieve its objective of greater 'transparency' and accountability."
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