Rose

No appearance by Real Party in Interest.

This is a case in which this court should not have to grant a writ of mandate. We must do so nonetheless because the superior court did not comply with our order that it conduct a hearing on a petition for writ of habeas corpus. The trial court's failure to follow our explicit order sets a poor example for litigants, lawyers, and the public. It undermines the administration of justice and fosters disrespect for the law.

On February 3, 1996, Scott Riley and four friends met at a Long Beach bar in order to celebrate Riley's birthday. During the course of the evening, the Riley party drank a considerable amount of alcohol. At about 1 a.m., they were talking outside the bar when an Afro-American man and two women walked by. There was a brief exchange of words between the two groups.

Soon thereafter, several individuals confronted Riley's group. A man took a 9millimeter pistol from his pocket and pointed it at Randy Borgfield. Randy Borgfield turned and fled. More than a dozen shots were fired. Brian Borgfield, Randy's brother, was hit in the head by a 9-millimeter bullet and died. Two others were wounded.

The police conducted…