Morrow v. Superior Court
Petitioner Joseph Eli Morrow is charged with murdering his wife and with an enhancement alleging that the murder was committed for financial gain. On March 23, 2006, the Honorable Craig L. Parsons was scheduled to hear petitioners motion to dismiss the indictment pursuant to Penal Code section 939.71 and Johnson v. Superior Court (1975) 15 Cal.3d 248 (Johnson) [Johnson hearing or motion]. Before the Johnson hearing began, petitioner objected to Judge Parsons presiding over the trial. He based his objection on the fact that at the Johnson hearing he intended to call another San Mateo Superior Court judge, the Honorable John L. Grandsaert, who had been the deputy district attorney responsible for the case against petitioner from the beginning of that case until Judge Grandsaert was elevated to the bencha period of approximately 13 years. Petitioners motion to dismiss focuses on the prosecutors decision not to present allegedly exculpatory evidence to the grand jury and contends that this failure now requires that the indictment be dismissed.
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