Hochheiser v. Superior Court

In Hochheiser v. Superior Court (1984) 161 Cal. App. 3d 777, the court granted the petitioner's writ of prohibition, concluding that the trial court had exceeded its authority by departing from established criminal trial procedures. ( Id. at p. 780.) The trial court was precluded from enforcing its order that allowed for the taking of the child victims' testimony by means of closed-circuit television from the jury room. ( Id. at pp. 780-781.) The witnesses' parents testified in support of the prosecution motion for the televised testimony, but no psychiatric evidence was offered. ( Id. at p. 781.) The lack of such testimony was noted by the reviewing court, and it concluded that expert testimony or the witness's own testimony about the witness's mental health was required. ( Id. at pp. 793-794.)