Williams v. Superior Court

Summary

The California Court of Appeal granted Darren Williams’s petition for a writ of mandate challenging an indictment arising from alleged cell phone store robberies. The court held that the prosecutor’s improper excusal of a grand juror for hardship substantially impaired the grand jury’s independence and impartiality, requiring dismissal of the indictment. The opinion was modified to clarify that the court’s stay order would be vacated upon finality of the opinion, with no change in judgment.

Holdings

1. The prosecutor's improper excusal of Juror No. 15 substantially impaired the grand jury's independence and impartiality and required dismissal of the indictment as to Williams.
2. The indictment was not void for lack of jurisdiction merely because the prosecutor's action left the grand jury below the required total of 19 jurors, where at least 12 jurors concurred in the indictment.
3. The claim concerning the prosecutor's handling of Juror No. 10 was forfeited because Williams did not raise that claim in the superior court.

Questions Presented

1. Whether a prosecutor's improper excusal of a grand juror for hardship violated the grand jury's independence and required dismissal of the indictment.
2. Whether the reduction of the grand jury from the required 19 members to 18 rendered the indictment void or otherwise invalid.
3. Whether the petitioner's additional challenge concerning the prosecutor's handling of Juror No. 10 was preserved for appellate review.
4. Whether the indictment should be dismissed based on challenges to the sufficiency of the evidence supporting gang allegations and charges concerning the March 10, 2014 robbery.

Disposition

writ_granted