# People v. Turner

> California Supreme Court · November 21, 1984 · 37 Cal. 3d 302

URL: https://www.frixlaw.com/law-library/cases/9547640

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. RICHARD DEAN TURNER, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** November 21, 1984
- **Citations:** 37 Cal. 3d 302; 208 Cal. Rptr. 196; 690 P.2d 669; 1984 Cal. LEXIS 128
- **Precedential status:** Published
- **Opinion:** Concurring in part by Mosk
- **Judges:** Kaus, Bird, Mosk
- **Cited by:** 148 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by People v. Anderson, 43 Cal. 3d 1104 (1987).
- Negative treatments: 1
- Distinguished by: 1
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9547640

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9547640. Public record. Not legal advice.