February 16, 2011

Quick action in Facebook petition for review

As reported in the Sacramento Bee and the Business Journal, Chief Justice Tani Cantil-Sakauye on Monday issued a stay order in a petition for review on the same day the petition was filed. The petition is not your typical case.

The Sacramento Superior Court ordered the foreman of a jury that convicted a man of assault to allow Facebook to release the foreman’s personal postings during his jury service. The foreman noted on Facebook that he was serving on the jury and that he found the trial “boring.” The defendant’s counsel is seeking the information regarding a possible juror misconduct claim.

The foreman challenged the Superior Court’s order by filing a writ petition in the Third District Court of Appeal. The Court of Appeal summarily denied the petition last Thursday. On Monday, he filed a petition for review in the Supreme Court, and a stay order issued later that day. The Supreme Court’s on-line docket does not show the stay order, but the Court of Appeal’s does. According to the Bee, “The chief justice issued the one-paragraph stay order until the full court takes up the issue on its merits.”

The case is Juror Number One v. Superior Court.

One Response to “Quick action in Facebook petition for review”

  1. I would love to read the petition for writ. How did they get the attention of the Supreme Court? Exactly want is the issue of Statewide importance?

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