Legal Opinion
Curry v. Superior Court
California Court of Appeal
Decided November 18, 1977No. Civ. 3639PublishedCited by 45 opinions
1Opinion of the Court
Opinion
HOPPER, J.
In this case we consider (1) the effect on the 10-day statutory limit of Penal Code section 859b 1 as to the commencement of a preliminary examination of a motion by a defendant to represent himself and (2) the nature of competency necessary to waive counsel.
The facts are:
Prior to the filing of the petition now before this court, petitioner James Curry had participated in two preliminary hearings, both arising from the same set of facts. Petitioner was permitted to represent himself in the first preliminary hearing after asserting his right to represent himself and making a…
2Cases cited12 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- Coleman v. AlabamaSupreme Court of the United States · 1970
- People v. WindhamCalifornia Supreme Court · 1977
- Westbrook v. ArizonaSupreme Court of the United States · 1966
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3Cited by45 opinions
- People v. TeronCalifornia Supreme Court · 1979
- People v. McKenzieCalifornia Supreme Court · 1983
- Pickens v. StateWisconsin Supreme Court · 1980
- State v. FeldeSupreme Court of Louisiana · 1982
- People v. TaylorCalifornia Supreme Court · 2009
40 more not listed; retrieve them via the Exa API.