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[DOWNLOAD] "People v. Barella" by California Supreme Court " eBook PDF Kindle ePub Free

People v. Barella

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eBook details

  • Title: People v. Barella
  • Author : California Supreme Court
  • Release Date : January 06, 1999
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

In 1990 the voters of this state enacted a constitutional amendment as part of Proposition 115 affirming that in criminal cases the people of the State of California have "the right to due process of law" (Cal. Const., art. I, § 29). In the present case, we consider whether the assertion of that state constitutional right by a district attorney can serve as a justification for holding a newsperson in contempt for refusing to surrender unpublished information, in spite of the newspersons immunity from contempt for such refusal expressly provided in article I, section 2, subdivision (b) (hereinafter article I, section 2(b)), and reaffirmed in article I, section 28, subdivision (d) (hereinafter article I, section 28(d)). We conclude that a newsperson cannot be held in contempt under these circumstances. We therefore reverse the judgment of the Court of Appeal.


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