Lopez v. Super. Ct.
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.
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