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: myra@netcom.com (Myra Dinnerstein) Subject: Fuhrman Writ Message-ID: Organization: NETCOM On-line Communication Services (408 261-4700 guest) Date: Tue, 12 Sep 1995 06:57:28 GMT Approved: myra@netcom.com Lines: 94 Sender: myra@netcom8.netcom.com 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.