Hovey v. Superior Court

RICHARDSON, J., Concurring and Dissenting.

I concur in that portion of the judgment which denies petitioner’s motion to limit the exclusion of prospective jurors at the guilt phase. None of the various surveys and studies relied upon by petitioner has satisfactorily demonstrated that the exclusion from the guilt phase of jurors unable to impose the death penalty has resulted in a jury adjudicating guilt which is unrepresentative of the community or unduly biased in favor of conviction. (See People v. Rhinehart (1973) 9 Cal.3d 139, 155 [107 Cal.Rptr. 34, 507 P.2d 642]; People v. Murphy (1972) 8…