# People v. Shuey

> California Supreme Court · March 31, 1975 · 13 Cal. 3d 835

URL: https://www.frixlaw.com/law-library/cases/9575293

## Case

- **Full name:** The PEOPLE, Plaintiff and Appellant, v. PAUL THOMAS SHUEY Et Al., Defendants and Respondents
- **Court:** California Supreme Court
- **Decided:** March 31, 1975
- **Citations:** 13 Cal. 3d 835; 120 Cal. Rptr. 83; 533 P.2d 211; 1975 Cal. LEXIS 211
- **Precedential status:** Published
- **Opinion:** Concurrence by Clark
- **Judges:** Clark, Mosk
- **Cited by:** 152 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Abrogated on other grounds by People v. Bennett, 17 Cal. 4th 373 (1998).
- Negative treatments: 2
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9575293

## Opinion text

CLARK, J.
While concurring in the judgment, I dissent from part II of the opinion. The majority appropriately notes that “just as the court in Shuey II was bound by the prior determination of waiver, so also are we foreclosed by the law of the case from reexamining the substantive merits of the search issue in the absence of a showing that failure to do so *851 would result in manifest injustice.” {Ante, p. 848.) The requisite showing of injustice has not been made here. Nevertheless, the majority reaches the search issue, gratuitously lending this court’s authority to the contention that police may not “secure” premises prior to obtaining a search warrant. The question being foreclosed by the law of the case, I express no opinion concerning it.
McComb, J., concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9575293. Public record. Not legal advice.