Lopez v. Super. Ct.



Filed 6/1/11 Lopez v. Super. Ct. CA3
NOT TO BE PUBLISHED



California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(San Joaquin)
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PATRICIA LOPEZ, Petitioner, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; THE PEOPLE et al., Real Parties in Interest.

C067832 (Super. Ct. No. SF116883A)

Petitioner Patricia Lopez is charged with murdering her live baby, Baby Jane Doe, after her birth. She seeks a writ of mandate to overturn an order by respondent San Joaquin County Superior Court permitting the release of the remains of Baby Jane Doe to the biological father before petitioner's expert could independently determine whether the baby had been born alive. Petitioner contends that due process requires that the remains be preserved pending a determination by respondent court that a defense expert may examine the remains. We agree.
Petitioner, then 17 years old, was charged by a complaint filed February 10, 2011, with the premeditated murder of Baby Jane Doe with use of a weapon. Respondent superior court issued an order on February 15, 2011, preserving the infant's remains, as follows:
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