Lucas

In this case, we hold a criminal defendant’s constitutional rights to due process and equal protection of the laws are not denied by the requirement of Penal Code section 1330 that he, or his counsel, file a declaration attesting to a belief the witnesses have evidence making their attendance at trial material and necessary in order to obtain a court endorsement before subpoenaed witnesses may be compelled to attend a trial more than 150 miles from their residence. We reach this conclusion although there is no similar requirement protecting subpoenaed witnesses to civil litigation, who may be compelled to attend trial from anywhere in the state.

I

David A. Lucas asked the superior court to endorse certain subpoenas for the purpose of requiring witnesses to attend his criminal trial which is to be held more than 150 miles from their places of residence. Penal Code section 1330 does not restrict a defendant’s ability to subpoena witnesses who reside anywhere within the state; however, if those persons are called to attend a trial greater than 150 miles from their residence, they may not be compelled to attend unless the subpoena has been endorsed by a judge. The court…