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United States v. United States District Court for the Eastern District of California,
No. 06-72498 (9th Cir, October 3, 2006): Mandamus: The Government alleged that two couples, one in California and another in Texas, transported their own children across state lines for ritualistic sexual abuse. The defense moved for a bench trial on the basis that the only viable defense was to attack the intent element and the facts were so inflammatory that a jury would not be able to consider such a defense. The District Court agreed! However, the Government objected (of course) to the bench trial and the Ninth Circuit granted the Government's petition for a writ of mandamus and directed the District Court to set the case for jury trial.
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Rayshun Carlie Mullins v. The Hon. Twyla Mason Gray, District Judge,
No. C-2006-1154 (Okl.Cr., March 5, 2007): Mandamus: Mullins is pursuing a certiorari appeal in which Judge Gray sentenced him to terms of imprisonment totaling 865 years based upon 21 felony counts. As part of the appellate record, counsel for Mullins designated the transcripts of the preliminary hearing as well as the transcripts of the competency hearing. Judge Gray refused to have these proceedings transcribed at public expense since this is a guilty plea case. HELD: Writ GRANTED and the District Court is ordered to have the transcripts prepared. The rationale of the District Court was that in a certiorari appeal the issue is limited to the voluntary nature of the plea and all non-jurisdictional defects are waived. The Oklahoma Court of Criminal Appeals recognized that other proceedings may inform the decision to plead guilty. NOTE: this was a 3-2 decision, with Judges Lewis and Lumpkin dissenting. This is also the second opinion from the Court in this issue where Lewis has sided with Lumpkin in dissent. I hope that does not become a common occurrence.
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