Legal Opinion

People v. Buckley

California Court of Appeal

Decided July 18, 1986No. A028979PublishedCited by 6 opinions

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

  1. Enmund v. FloridaSupreme Court of the United States · 1982
  2. People v. DillonCalifornia Supreme Court · 1983
  3. People v. BeemanCalifornia Supreme Court · 1984
  4. Carlos v. Superior CourtCalifornia Supreme Court · 1983
  5. Hovey v. Superior CourtCalifornia Supreme Court · 1980

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3Cited by6 opinions

  1. People v. JaskaCalifornia Court of Appeal · 2011
  2. Breaux v. Agricultural Labor Relations BoardCalifornia Court of Appeal · 1990
  3. (HC) Tarasuk v. DiazDistrict Court, E.D. California · 2023
  4. People v. BuckleyCalifornia Court of Appeal · 1986
  5. People v. Dang CA4/1California Court of Appeal · 2014

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