People v. Superior Court

27 Cal.App.3d 738 (1972) 104 Cal. Rptr. 159 THE PEOPLE, Petitioner,

v.

THE SUPERIOR COURT OF LOS ANGELES COUNTY, DEPARTMENT 102 et al., Respondents; WILLIE LEE BOWEN et al., Real Parties in Interest.

Docket No. 40021. Court of Appeals of California, Second District, Division Three.

September 13, 1972. COUNSEL

Joseph P. Busch, District Attorney, Harry Wood, Arnold T. Guminski, Ronald Ross and Harry B. Sondheim, Deputy District Attorneys, for Petitioner.

John D. Maharg, County Counsel, Donald K. Byrne and Harold S. Vites, Deputy County Counsel, for Respondent Superior Court.

[739] Stanley R. Malone, Jr., for Respondent Department 102.

Richard S. Buckley, Public Defender, Michael Adelson, Glen F. Mowrer, Jr., and Herbert M. Barish, Deputy Public Defenders, for Real Parties in Interest.

Edward I. Pollock, Ned Good, James G. Butler, Stanley K. Jacobs, Sanford M. Gage, Leonard Sacks, A.L. Wirin, Fred Okrand, Laurence R. Sperber, Terry J. Hatter, Jr., John A. Childers, Abby Soven, Ernest L. Aubry, Harold C. Hart-Nibbrig, Kenneth C. Mason and Richard J. Palmer as Amici Curiae on behalf of Real Parties in Interest.

MEMORANDUM CASE

OPINION

FORD, P.J.

This is a proceeding in mandamus to compel the superior court to vacate its orders granting the respective motions of the real parties in interest, by which the manner in which jurors are selected for the Central District of the court was challenged, and to make orders denying the motions.[1]

Each of the real parties in interest is the defendant in a criminal case pending in the superior court (respectively, People v. Willie Lee Bowen, superior court No. A 272821, and People v. Oren Marion Reeves, superior court No. A 279959). In each case the acts relating to the charged offense occurred in the Central District, of which the defendant is a resident, and the defendant is "a Negro or black person." The challenge to the jury panel was made on the ground that it was a violation of each defendant's constitutional rights to subject him to a trial by a jury composed of jurors selected for the Central District by recourse to the list of registered voters for the entire county whereas the jurors for each of the other eight districts of the Superior Court of Los Angeles County were selected on a district-wide basis.