Montez
Montez v. Superior Court
Opinion
Opinion
Hinz, J.
Introduction
In a motion to disclose the addresses and phone numbers of eyewitnesses to a murder, the prosecution made a showing of sufficient danger of threats or harm to the witnesses, and the defense did not plausibly allege that the witnesses’ veracity in their community was at issue. We therefore deny a petition for writ of mandate seeking to compel disclosure of this information.
On August 9, 1991, Oliver B. Montez (petitioner or Montez) filed a petition for writ of mandate naming the Los Angeles County Superior Court as respondent and the People of the State of California (the People) as real party in interest. The People’s opposition followed on September 10, 1991. Defendant Datan Newton filed a joinder in application of Montez on September 17, 1991, and on that day petitioner filed a reply to the opposition. This court denied the petition on October 3, 1991.
On November 21, 1991, the California Supreme Court granted a petition for review, and transferred the matter to this court with directions to vacate its order denying mandate and to issue an alternative writ to be heard when the proceeding is ordered on calendar. On December 3, 1991, petitioner filed a…