Powell

Powell v. Superior Court

Good Law
1991 Cal. App. LEXIS 846·232 Cal. App. 3d 785·283 Cal. Rptr. 777·91 Daily Journal DAR 8938·91 Cal. Daily Op. Serv. 6008
Court of Appeal of CaliforniaJuly 23, 1991B058842California6,320 words

Opinion

Opinion

—Petitioners Laurence Powell, Theodore J. Briseno, Stacey C. Koon, and Timothy E. Wind (collectively defendants) are police officers charged with specific charges of assault by force likely to produce great bodily injury and with a deadly weapon (Pen. Code, §§ 245, subd. (a)(1), 12022, subd. (a)(2), 1192.7, subd. (c)(8), 1203, subd. (e)(3)); and an officer unnecessarily assaulting or beating any person, (§§ 149,1192.7, subd. (c)(8), 1203, subd. (e)(3)). In addition, Koon and Powell are charged with submission of a false police report by a peace officer (§ 118.1), and Koon is charged with the crime of accessory after the fact (§§ 32, 245, subd. (a)(1), 149). All the charges arise from their conduct during the apprehension and arrest of Rodney King, a suspect (hereafter the event is designated the incident).

Defendants seek a writ of mandate directing the trial court to vacate its order denying a motion to change venue and to order this case transferred to another county because of the pretrial publicity. For the many reasons discussed herein, we are compelled to direct a change of venue. We therefore grant the petition.

Summary Statement

Unbeknownst to the Los Angeles…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.