Legal Opinion
Graham v. Superior Court
California Court of Appeal
Decided November 20, 1979No. Docket Nos. 47698, 47723PublishedCited by 13 opinions
1Opinion of the Court
Opinion
CHRISTIAN, J.
Ernest Graham and Eugene Allen seek a writ of mandate in 1 /Civil 47698 to determine that the mandatory death penalty provision of Penal Code section 4500, effective at the time of the offense with which they are charged, is unconstitutional.
The Supreme Court has recited the facts in an earlier appeal involving these petitioners as follows:
“On November 27, 1973, a state correctional officer was assaulted and stabbed numerous times while on duty in Deuel Vocational Institute, a state prison facility; the officer died the same day as a result of the injuries sustained in the…
2Cases cited24 opinions
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Lockett v. OhioSupreme Court of the United States · 1978
- Woodson v. North CarolinaSupreme Court of the United States · 1976
- Jurek v. TexasSupreme Court of the United States · 1976
19 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sumner v. ShumanSupreme Court of the United States · 1987
- People v. LandryCalifornia Supreme Court · 2016
- People v. YatesCalifornia Supreme Court · 1983
- People v. HartyCalifornia Court of Appeal · 1985
- People v. Superior CourtCalifornia Court of Appeal · 2002
8 more not listed; retrieve them via the Exa API.