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Legal Opinion

Ghent v. Superior Court

California Court of Appeal

Decided March 23, 1979No. Civ. 44837PublishedCited by 62 opinions

1Opinion of the Court

Opinion

RATTIGAN, J.

The principal question in this proceeding is whether allegations of “special circumstances” made in an accusatory pleading charging murder, and portending punishment by death as provided in section 190 and related sections of the Penal Code, 1 may be challenged on a motion addressed to the pleading pursuant to section 995. The proceeding has reached this court (Division Four) during an unusual sequence in which another division issued an alternative writ in compliance with an order of the Supreme Court. The ensuing review has been additionally complicated by a procedural…

2Cases cited12 opinions

  1. Woodson v. North CarolinaSupreme Court of the United States · 1976
  2. People v. AndersonCalifornia Supreme Court · 1968
  3. People v. AndersonCalifornia Supreme Court · 1972
  4. Rideout v. Superior CourtCalifornia Supreme Court · 1967
  5. Rockwell v. Superior CourtCalifornia Supreme Court · 1976

7 more not listed; retrieve them via the Exa API.

3Cited by62 opinions

  1. Carlos v. Superior CourtCalifornia Supreme Court · 1983
  2. People v. GhentCalifornia Supreme Court · 1987
  3. People v. GarciaCalifornia Supreme Court · 1984
  4. People v. MorrisCalifornia Supreme Court · 1988
  5. People v. WilliamsCalifornia Supreme Court · 1988

57 more not listed; retrieve them via the Exa API.

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