Opinion

People v. Turner

  • 37 Cal. 3d 302
  • 208 Cal. Rptr. 196
  • 690 P.2d 669
  • 1984 Cal. LEXIS 128
Court
California Supreme Court
Filed
Nov 21, 1984
Status
Published
Author
Mosk
On the bench
Kaus, Bird, Mosk
Cited by
148 cases
Authority
More cited than 5.2%

Overruled on other grounds by People v. Anderson, 43 Cal. 3d 1104 (1987)

Later courts went against this

  • Overruled on other grounds by People v. Anderson, 43 Cal. 3d 1104 (1987)

    37 Cal.3d 302, 328-329 , overruled in part by People v. Anderson, supra,
    California Supreme CourtOct 13, 198713 citing opinionsother groundsRead it

Distinguished

  • Distinguished by People v. Scheid, 16 Cal. 4th 1 (1997)

    Turner therefore is distinguishable.
    California Supreme CourtJul 17, 1997Read it

The opinion

MOSK, J., Concurring and Dissenting.

. . I concur in the plurality’s disposition of this appeal insofar as it affirms the judgment as to guilt, sets aside the special circumstances findings, and reverses the judgment as to penalty.

I dissent from Part II.2.a of the plurality opinion (ante, pp. 313-315) insofar as it purports to answer the question we expressly left open in People v. Zimmerman (1984) 36 Cal.3d 154, 161 , footnote 6 [ 202 Cal.Rptr. 826 , 680 P.2d 776 ], i.e., whether “the use of peremptory challenges to systematically exclude persons who had reservations about the death penalty” denies a capital defendant “his due process right to a ‘neutral’ or impartial penalty phase jury within the meaning of Witherspoon v. Illinois (1968) 391 U.S. 510 . . . .” I disagree with the plurality’s answer to that question for the reasons stated in Parts I, II, and V (except pp. 342-344, ante) of the concurring and dissenting opinion by the Chief Justice in this case.

Respondent’s petition for a rehearing was denied January 17, 1985. Bird, C. J., and Lucas, J., were 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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.