People v. Buckley
California Court of Appeal
1Opinion of the Court
Opinion
SABRAW, J.
In this appeal we determine that when an information charges murder in the first degree with the special circumstance of intentionally killing a peace officer, the defendant is not entitled to a pretrial determination of the facial constitutionality of subjecting to the death penalty a defendant who reasonably should have known that the victim he intentionally killed was a peace officer.
On January 11, 1983, eight police officers of the Oakland Police Department went to 1717 Peralta Street to serve a search warrant for the recovery of narcotics. It was about 8:35 p.m. The…
2Cases cited17 opinions
- Enmund v. FloridaSupreme Court of the United States · 1982
- People v. DillonCalifornia Supreme Court · 1983
- People v. BeemanCalifornia Supreme Court · 1984
- Carlos v. Superior CourtCalifornia Supreme Court · 1983
- Hovey v. Superior CourtCalifornia Supreme Court · 1980
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3Cited by6 opinions
- People v. JaskaCalifornia Court of Appeal · 2011
- Breaux v. Agricultural Labor Relations BoardCalifornia Court of Appeal · 1990
- (HC) Tarasuk v. DiazDistrict Court, E.D. California · 2023
- People v. BuckleyCalifornia Court of Appeal · 1986
- People v. Dang CA4/1California Court of Appeal · 2014
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