Smith v. Superior Court

Defendant Bryan D. Smith filed a petition for writ of mandate challenging the trial court’s order denying his motion to preclude real party in interest San Diego County District Attorney’s Office (the People) from participating in the discovery proceedings he instituted to obtain information from the San Diego County Superior Court (the Jury Commissioner) on the jury selection system. Smith contends that under Alford v. Superior Court (2003) 29 Cal.4th 1033 [ 130 Cal.Rptr.2d 672 , 63 P.3d 228 ] (Alford) the People do not have standing to participate in his third party discovery efforts. He further contends the People do not have a right to receive copies of documents and other information he may obtain from the Jury Commissioner as a result of his discovery efforts.

FACTUAL AND PROCEDURAL BACKGROUND

In 2005 an information was filed by the People charging Smith with murder (Pen. Code, § 187, subd. (a)) and alleging special circumstances in the commission of that murder (Pen. Code, § 190.2).

In investigating whether to challenge the composition of the jury venire for his trial, Smith apparently filed a motion for discovery of jury selection information from the Jury…