Covarrubias v. Superior Court of Monterey Cty.

Opinion

ELIA, Acting P. J.

In this case, we determine whether section 223 of the Code of Civil Procedure, added by the June 5, 1990, adoption of Proposition 115, abrogates the holding in Hovey v. Superior Court (1980) 28 Cal.3d 1 [168 Cal.Rptr. 128, 616 P.2d 1301]. As we explain, we conclude section 223 abrogates Hovey's requirement of individual sequestered voir dire during the death qualification portion of a capital case. Section 223 does not require individual sequestered voir dire but leaves the matter to the trial court’s discretion. Because the trial court here did not exercise this…