Xref: world alt.fan.oj-simpson.transcripts:356
Newsgroups: alt.fan.oj-simpson.transcripts
Path: world!uunet!in1.uu.net!news.sprintlink.net!howland.reston.ans.net!ix.netcom.com!netcom.com!myra
From: [email protected] (Myra Dinnerstein)
Subject: Fuhrman Writ
Message-ID: <[email protected]>
Organization: NETCOM On-line Communication Services (408 261-4700 guest)
Date: Tue, 12 Sep 1995 06:57:28 GMT
Approved: [email protected]
Lines: 94
Sender: [email protected]

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE

THE PEOPLE
Petitioner,

v.

THE SUPERIOR COURT OF LOS
ANGELES COUNTY,
Respondent

ORENTHAL JAMES SIMPSON,
Real Party in Interest

B095484

(Super Ct No. BA097211

(Lance A. Ito, Judge)

ALTERNATIVE WRIT OF
MANDATE AND STAY ORDER
CONCERNING GIVING OF
PROPOSED JURY INSTRUCTION

TO THE SUPERIOR COURT OF LOS ANGELES COUNTY:

The petition for writ of mandate, filed September 8, 1995, having
been read and considered, and good cause appearing therefor, you
are hereby ordered either to:

(a) Vacate your order of September 7, 1995, regarding the
proposed jury instruction directed to the unavailability of
former Detective Mark Fuhrman to give further testimony as a
witness in this case, and whether that unavailability was a
factor which the jury could consider in evaluating his
credibility as a witness, and enter a new and different order
denying any request for a proposed instruction on the issue of
former Detective Fuhrman's unavailability to provide further
testimony, given the fact that you sustained the claim of
privilege asserted by former Detective Fuhrman; or

(b) in the alternative, show cause before this court in its
courtroom at the Ronald Reagan Building, 300 South Spring Street,
Los Angeles, California 90013, on September 11, 1995, at 9 a.m.,
why a peremptory writ ordering you to do so should not issue.  At
the hearing on the petition, only one counsel may appear for each
party, and argument will be limited to 10 minutes per party.
(Cal. Rules of Court, rule 22.)

The return of the petition, if any, shall be filed with this
court by 5 p.m. on Sunday, September 10, 1995, via facsimile
transmission at  (213) 897-2430.  The return is to be served
either in person or via facsimile transmission on counsel for the
People and respondent court prior to 5 p.m. on Sunday, September
10, 1995.  The original and three copies of the return are to be
physically filed in the office of the clerk of this court at 9
a.m. on Monday, September 11, 1995. Petitioner is ordered to file
with this court a reporter's transcript of the proceedings of
September 6, 1995, prior to 4:30 p.m. on this date.

The parties are notified, pursuant to Evidence Code section 459,
that in the absence of objection the court will take judicial
notice of the file of the respondent court in People v. Simpson,
Los Angeles Superior Court No. BA097211.

If you comply with this writ by selecting alternative (a)  above,
you are directed to provide this court with a copy of your minute
order setting forth such compliance.

Pending further order of this court, the proposed instruction
regarding the unavailability of former Detective Mark Fuhrman is
not to be given. You are hereby ordered not to stay any further
proceedings in this case.

WITNESS THE HONORABLE PAUL TURNER, Presiding Judge of Division
Five of the Court of Appeal of the State of California. Second
Appellate Division.

ATTEST my hand and the seal of this court this 8th day of
September, 1995.

JOSEPH A. LANE, Clerk

Let the foregoing writ issue.

/s/ TURNER, P.J.

/s/ ARMSTRONG, J.

You are viewing proxied material from infinitelyremote.com. The copyright of proxied material belongs to its original authors. Any comments or complaints in relation to proxied material should be directed to the original authors of the content concerned. Please see the disclaimer for more details.