Fost

This writ proceeding presents a question of first impression relating to the newspersons’ shield law. (Cal. Const., art. I, § 2, subd. (b); Evid. Code, § 1070.)

Petitioner Dan Post, a journalist, asks us to vacate an order of respondent superior court holding him in contempt for refusing to disclose “unpublished information,” claiming that the contempt order is prohibited by the shield law. We conclude that the contempt order must be set aside, although on grounds other than those asserted by petitioner.

I. Facts and Procedural History

Petitioner was subpoenaed by real party in interest Darrell Hunter (defendant), to testify for the defense at a criminal trial at which Hunter was charged with, among other things, murder with special circumstances. Petitioner wrote news articles published in the Marin Independent Journal quoting Shayla Davis, considered by defense counsel “the principal eyewitness in the case.” Statements petitioner attributed to Davis describing the homicide were inconsistent with those she made at trial as a witness for the prosecution. For example, petitioner reported that Davis told him she saw three or four men break into the apartment in which the…