Simms

People v. Simms

Bad Law
1994 Cal. App. LEXIS 407·24 Cal. App. 4th 462·29 Cal. Rptr. 2d 436·94 Daily Journal DAR 5592·94 Cal. Daily Op. Serv. 2934
Court of Appeal of CaliforniaApril 26, 1994B076034California2,919 words

Opinion

Opinion

Vogel, J.

When warranted by compelling governmental interests, a trial court may seal the court’s records of “personal juror identifying information." (Code Civ. Proc., § 237, subd. (b).) But “[n]otwithstanding Section 237, a defendant or defendant’s counsel may, following final adjudication of a criminal proceeding, request that the court provide personal juror information within the court’s records necessary for the defendant to communicate with jurors for the purpose of developing issues on appeal or any other lawful purpose. This information may include jurors’ names, addresses, and telephone numbers.” (§ 206, subd. (f).) In the case before us, following a posttrial dispute about whether, during trial, the prosecutor had talked to one of the jurors, the trial court denied defense counsel’s request for the address and telephone number of that juror. We vacate thequdgment and remand with directions to the trial court to disclose the juror’s address and telephone number to defense counsel and to take such action as may thereafter become necessary.

Background

Tony Armond Simms was convicted of armed robbery. After the verdict but before sentencing, Simms’s aunt (Sophia Windham)…

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