Legal Opinion · Concurrence

Townsel v. Superior Court

California Supreme Court

Decided July 15, 1999No. S067155Published

1Concurrence

MOSK, J. Concurring.

I agree with the result. But unlike the majority, I believe the question is governed by Code of Civil Procedure section 206. The majority reach their conclusion as if enacting section 206 had no effect on the court’s powers. Moreover, they omit from their discussion subdivision (b) of section 206. I would take a different approach.

Facts

It appears from the record before us that in People v. Townsel (Super. Ct. Madera County, judgment of death entered Sept. 13, 1991 (No. 8926), review pending (S022998)), a jury convicted Anthony Letrice Townsel of murdering Mauricio…

2Cases cited7 opinions

  1. State v. MarshallSupreme Court of New Jersey · 1997
  2. People v. CoxCalifornia Supreme Court · 1991
  3. United States v. Frank MotenCourt of Appeals for the Second Circuit · 1978
  4. United States v. Frank J. Brasco, Joseph BrascoCourt of Appeals for the Second Circuit · 1975
  5. People v. RhodesCalifornia Court of Appeal · 1989

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