Facebook, Inc. v. Superior Court of San Diego Cnty.

*733 The issue whether a criminal defendant has a constitutional right to obtain social media records from an electronic communication or remote computing service is currently under review by the California Supreme Court in Facebook, Inc. v. Superior Court (2015) 240 Cal.App.4th 203 , review granted December 16, 2015, S230051 ( Facebook I ). In this case, we address the same issue knowing that our high court will likely grant review and hold this matter pending a decision in Facebook I . Nonetheless, we publish our thoughts agreeing with the conclusion in Facebook I for their potential persuasive value. ( Cal. Rules of Court, rules 8.1105(e), 8.1115(e)(1) [published opinions for which the Supreme Court has granted review have no binding or precedential value but may be cited for potential persuasive value only].) Accordingly, the petition for writ of mandate is granted.

FACTUAL AND PROCEDURAL BACKGROUND

Real party in interest Lance Touchstone is awaiting trial in respondent San Diego County Superior Court (the trial court) on a charge of attempting to murder Jeffrey R. (the victim). (Pen. Code, §§ 664/187, subd. (a).) After the shooting incident, the victim has been active on…