Hovey v. Superior Court

*7Opinion

BIRD, C. J.

This petition asks this court to decide whether a prospective juror who can be fair and impartial in determining the guilt or innocence of an individual accused of a capital offense may be removed for cause from serving at the guilt phase because the juror is unequivocally opposed to the imposition of the death penalty at the penalty phase?

I

By an information filed in the Alameda County Superior Court, petitioner, Richard Adams Hovey, stands accused of murder and kidnaping. (Pen. Code, §§ 187, 207.)1 Two “special circumstances” are alleged in connection with the murder…