People v. Superior Court of Marin County

Opinion

ROUSE, J.

The People petition for a writ of mandate to compel respondent court to set aside its order of August 3, 1976, which directed that evidence of real party’s prior conviction for violation of section 187 of the Penal Code (murder) be excluded from real party’s forthcoming trial for violation of section 4500 of the Penal Code (assault with a deadly weapon by a life inmate).

Respondent court found that defense counsel representing real party in the proceedings which led to his prior conviction for murder had failed to investigate and present a possible crucial defense. The court…