Hugh Wendell MacDonald v. James A. Musick

Habeas corpus. The District Court denied the writ. We reverse. MacDonald has exhausted his state remedies.

On January 9, 1965, MacDonald was driving his car in Newport Beach, California. He was stopped by the local police and ultimately arrested and taken to the police station. There he was booked as violating section 23102(a) of the Vehicle Code of California, which makes it a misdemeanor for “any person who is under the influence of intoxicating liquor * * * to drive a vehicle upon any highway.” On January 11, 1965, a complaint was filed in the Municipal Court of the Newport Beach Judicial District charging him with that offense. On January 14, 1965, MacDonald pled not guilty and demanded a jury trial, which was set for January 26.

On January 26, the prosecutor moved to dismiss the charge. The court asked if MacDonald would stipulate that there was probable cause for his arrest. MacDonald declined, and the prosecutor withdrew the motion. In California, only the court may dismiss a criminal action. (Cal.Pen.C. § 1385.) Had the action been dismissed, the dismissal would have been a bar to further prosecution for the offense charged. (Id. § 1387.) Trial was set for February…

(dissenting) :

I believe the approach of the majority is wholly unrealistic. On many occasions, in the criminal field, the prosecutor must make a decision on whether he will go forward with the prosecution on the original charge or add another count. On some occasions, he may feel that the overall evidence is somewhat weak, even though he believes there is probable cause for the arrest. If, under these circumstances, the charge is dismissed, some person, including the arresting officer, might well be faced with a civil action, even though there was probable cause for the arrest. Of course, this was true long before the passage of the Civil Rights Act. The latter merely gives to the plaintiff, in some instances, a choice of forums.

The civil rights actions, under state law, include among others, those for false arrest and false imprisonment. It is my firm belief that those in charge of prosecution of criminal actions have a duty to protect, if probable cause exists, arresting officers from both state or federal civil actions. We are not here concerned with a coerced plea of guilty. Appellant had his day in court and was found guilty of resisting arrest. The fact that he was…

425 F.2d 373 Hugh Wendell MacDONALD, Appellant, v. James A. MUSICK, Appellee. No. 22781. United States Court of Appeals, Ninth Circuit. April 20, 1970, Rehearing Denied June 2, 1970. Hillel Chodos (argued), Beverly Hills, Cal., for appellant. Oretta D. Sears (argued), Deputy Dist. Atty., Cecil Hicks, Dist. Atty., Santa Ana, Cal., for appellee. Before DUNIWAY, HUFSTEDLER and KILKENNY, Circuit Judges. DUNIWAY, Circuit Judge: 1 Habeas corpus. The District Court denied the writ. We reverse. MacDonald has exhausted his state remedies. 2 On January 9, 1965, MacDonald was driving his car in Newport Beach, California. He was stopped by the local police and ultimately arrested and taken to the police station. There he was booked as violating section 23102(a) of the Vehicle Code of California, which makes it a misdemeanor for 'any person who is under the influence of intoxicating liquor * * * to drive a vehicle upon any highway.' On January 11, 1965, a complaint was filed in the Municipal Court of the Newport Beach Judicial District charging him with that offense. On January 14, 1965, MacDonald pled not guilty and demanded a jury trial, which was set for January 26. 3 On January 26, the…