Legal Opinion
Clark v. Superior Court
California Court of Appeal
Decided December 1, 1992No. G013276PublishedCited by 2 opinions
1Opinion of the Court
Opinion
SILLS, P. J.
Article I, section 12 of our Constitution provides: “A person shall be released on bail by sufficient sureties, except for: [f] (a) Capital crimes when the facts are evident or the presumption great; . . .” Petitioner Eric Deon Clark has been charged with a special circumstance murder, although the district attorney stated in writing that he would not seek the death penalty against Clark. Citing In re Freeman (1980) 102 Cal.App.3d 838 [162 Cal.Rptr. 423], the superior court held it lacked jurisdiction to conduct a bail hearing in this case because Clark had been indicted…
2Cases cited8 opinions
- Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
- Sand v. Superior CourtCalifornia Supreme Court · 1983
- People v. Tinder & SmithCalifornia Supreme Court · 1862
- People v. SmithCalifornia Supreme Court · 1850
- Ex parte WalpoleCalifornia Supreme Court · 1890
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3Cited by2 opinions
- In re ChristieCalifornia Court of Appeal · 2001
- People v. Superior Court (Clark)California Court of Appeal · 1994