Gordon

San Diego County Department of Social Services v. Gordon

Good Law
1989 Cal. App. LEXIS 294·209 Cal. App. 3d 364·257 Cal. Rptr. 365
Court of Appeal of CaliforniaApril 4, 1989No. D007592; No. D008456California1,866 words

Opinion

Lead Opinion

Benke, J.

Summary

A jury found Lawrence A. Gordon “gravely disabled” within the meaning of Welfare and Institutions Code section 5008, subdivision (h). On appeal and by way of a petition for a writ of habeas corpus, he argues he should have been given the 10 peremptory challenges provided by former Penal Code section 1070 rather than the 6 challenges he was given under *367 former Code of Civil Procedure section 601. 1 Gordon also argues he was unfairly prejudiced when counsel for the San Diego County Department of Social Services (Department) explained the levels of restriction which might be placed on him if he were found gravely disabled. These contentions have no merit and we affirm.

Factual and Procedural Background

On December 30, 1987, the Department filed a petition alleging Gordon’s disability. He demanded a jury trial. Trial commenced on February 9, 1988. In support of its petition the Department presented the testimony of a psychiatrist who diagnosed Gordon as a paranoid schizophrenic who could not provide for his own food, clothing or shelter. Gordon’s sister also testified in support of the petition. She stated that although funds were available to him, Gordon had…

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