Opinion

McCracken v. Teets

  • 41 Cal. 2d 648
  • 262 P.2d 561
  • 1953 Cal. LEXIS 314
Court
California Supreme Court
Filed
Nov 6, 1953
Status
Published
Author
Carter
On the bench
Schauer, Traynor, Gibson, Shenk, Edmonds, Spence, Carter
Cited by
10 cases
Authority
More cited than 5.2%

The opinion

CARTER, J.

I dissent.

Since I am firmly of the opinion that mandamus is not available to determine the sanity of a person under sentence of death and that habeas corpus is the only remedy available to such a person, I would reverse the judgment with directions to the trial court to dismiss the proceeding. As a basis for this conclusion I adopt the reasoning and the views expressed by Mr. Justice Schauer in his concurring and dissenting opinion in Phyle v. Duffy, 34 Cal.2d 144 , page 163 et seq. [ 208 P.2d 668 ], in which I concurred.

Appellant’s petition for a rehearing was denied December 3, 1953.

Carter, J., was of the opinion that the petition should be granted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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