Opinion
No. 119221 (17).
May 21, 2001.
COA: 232702, Oakland CC: 99-166151-FC
On order of the Court, the motion for immediate consideration is considered, and it is GRANTED. The application for leave to appeal from the May 3, 2001 decision of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should now be reviewed by this Court.
The request for a stay is DENIED as moot.
I would hold this case in abeyance pending the resolution of People v Glass (Docket No. 114795). Both cases allege racial discrimination in the selection of grand jurors and challenge the procedures used. Both present issues regarding the level of proof necessary to establish a prima facie showing of racial discrimination and whether the grand jury records should be unsealed to permit further discovery. A ruling in Glass favorable to that defendant would favorably affect the defendant in this case.