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Legal Opinion

Allen v. Superior Court

California Court of Appeal

Decided December 9, 1980No. Civ. 5613PublishedCited by 9 opinions

1Opinion of the Court

Opinion

ZENOVICH, Acting P. J.

Petitioner seeks a writ of prohibition and/ or mandate directing the respondent court to strike the special circumstance allegation “that the murder. . .was especially heinous, atrocious, or cruel, manifesting exceptional depravity...” from the information.

Petitioner Jimmy Doyle Allen was charged with having committed two criminal offenses. The first count alleged that petitioner “did willfully, unlawfully, feloniously and with malice aforethought murder Jesus Lara, a human being, in violation of Section 187 of the Penal Code.” It was further alleged that: (1)…

2Cases cited38 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Proffitt v. FloridaSupreme Court of the United States · 1976
  3. Godfrey v. GeorgiaSupreme Court of the United States · 1980
  4. Lanzetta v. New JerseySupreme Court of the United States · 1939
  5. State v. DixonSupreme Court of Florida · 1973

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

3Cited by9 opinions

  1. People v. Superior CourtCalifornia Supreme Court · 1982
  2. Ramos v. Superior CourtCalifornia Supreme Court · 1982
  3. Bamboo Brothers v. CarpenterCalifornia Court of Appeal · 1982
  4. People v. BuckleyCalifornia Court of Appeal · 1986
  5. People v. HobanCalifornia Court of Appeal · 1985

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

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