Opinion

Caritativo v. Teets

  • 47 Cal. 2d 304
  • 303 P.2d 339
  • 1956 Cal. LEXIS 279
Court
California Supreme Court
Filed
Nov 20, 1956
Status
Published
Author
Carter
On the bench
McComb, Schauer, Carter
Cited by
1 cases
Authority
More cited than 13.0%

The opinion

CARTER, J., Concurring and Dissenting.

Because it is and always has been my view 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 concur in the order for the dismissal of the appeal. I dissent from the holding in the majority opinion that there can be no judicial review of the determination of the warden as to the sanity of a person under sentence of death as it is my opinion that habeas corpus is available to review such a determination. (See concurring and dissenting opinion of Mr. Justice Schauer in Phyle v. Duffy, 34 Cal.2d 144 [ 208 P.2d 668 ], and my dissent in McCracken v. Teets, *311 41 Cal.2d 648, 654 [ 262 P.2d 561 ].) I agree with the views expressed by Mr. Justice Schauer in his concurring opinion in the case at bar with respect to the availability of the writ of habeas corpus in a case such as this, and on the record before us, such remedy should be available to the petitioner here.

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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