Does the Attorney General have any authority or authority to compel a district attorney to produce evidence of a 'deal'?

California, United States of America


The following excerpt is from Johnson v. Superior Court of California, San Joaquin County, Dept. No. 6, 113 Cal.Rptr. 740, 38 Cal.App.3d 977 (Cal. App. 1974):

The Attorney General suggests that the district attorney disbelieved petitioner's testimonial description of a 'deal.' A prosecutor may doubtless make preliminary estimates of credibility for his own guidance, but here he forestalled a judicial body's independent judgment of the credibility of existing, sworn testimony. The grand jury, not the district attorney, was the arbiter of probable cause. (Pen.Code, 939.8, fn. 2, supra; Lorenson v. Superior Court, 35 Cal.2d 49, 55, 216 P.2d 859.)

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