# People v. Carpenter

> California Supreme Court · November 29, 1999 · 90 Cal. Rptr. 2d 607

URL: https://www.frixlaw.com/law-library/cases/9558658

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. DAVID JOSEPH CARPENTER, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** November 29, 1999
- **Citations:** 90 Cal. Rptr. 2d 607; 21 Cal. 4th 1016; 99 Daily Journal DAR 11927; 988 P.2d 531; 99 Cal. Daily Op. Serv. 9267; 1999 Cal. LEXIS 7788
- **Precedential status:** Published
- **Opinion:** Dissent by Mosk
- **Judges:** Chin, Kennard, Mosk
- **Cited by:** 171 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9558658

## How later opinions describe it (automated extraction)

- holding that defendant’s challenge to pretrial ruling to permit admission of his prior convictions should he testify was cognizable on appeal even though defendant did not renew pretrial objection at trial and elicited convictions himself on direct examination; explaining that…
- holding that defendant could introduce the convictions first rather than wait until presented by prosecution and still appeal; under California law, however, pre-trial objection need not be renewed at trial to preserve error

## Opinion text

MOSK, J.
I dissent.
I would have affirmed the judgment of the superior court on habeas corpus, in which, on the facts there disclosed, it granted relief to David Joseph Carpenter from its earlier judgment of death because the jury foreperson was demonstrably biased against him at trial. (In re Carpenter (1995) 9 Cal.4th 634, 660-687 [ 38 Cal.Rptr.2d 665 , 889 P.2d 985 ] (dis. opn. of Mosk, J.).)
Therefore, I cannot now join in affirming the judgment of death on appeal.
Appellant’s petition for a rehearing was denied January 19, 2000. Mosk, J., was of the opinion that the petition should be granted.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9558658. Public record. Not legal advice.