Seaman

Seaman v. Superior Court

Good Law
193 Cal. App. 3d 1279·1987 Cal. App. LEXIS 1973·238 Cal. Rptr. 878
Court of Appeal of CaliforniaJuly 29, 1987No. F007567California3,886 words

Opinion

Lead Opinion

Best, J.

In this original proceeding for writ of mandate, we hold that the superior court has discretionary authority under Penal Code 1 section 987, subdivision (d), to appoint second counsel to assist in the preparation and presentation of posttrial motions in a capital case upon an appropriate *1282 showing that second counsel is necessary to provide the defendant with effective representation.

We further hold, however, that in this case, the trial court did not abuse its discretion in denying petitioner’s request for second counsel and ancillary expenses, or in its award of interim attorney fees and expenses.

Statement of the Case

On July 11, 1986, all proceedings in the superior court were stayed by the Supreme Court pending final determination of the petition for writ of mandate.

On August 14, 1986, the Supreme Court transferred the matter to this court with directions to issue an alternative writ to be heard before this court.

On September 5, 1986, this court issued an alternative writ of mandate directing the Tulare County Superior Court to grant ancillary funds, second counsel and reasonable attorney fees or show cause before this court why a peremptory writ of…

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