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CRAMER v. TYARS

Docket No. L.A. 30918.

23 Cal.3d 131 (1979)

588 P.2d 793

151 Cal. Rptr. 653

JAMES M. CRAMER, as District Attorney, etc., Petitioner and Respondent, v. LUTHER TYARS, Objector and Appellant.

Supreme Court of California.

January 12, 1979.

Attorney(s) appearing for the Case

COUNSEL

Charles E. Ward, Public Defender, and Littleton M. Gunn, Deputy Public Defender, for Objector and Appellant.

Paul Halvonik, State Public Defender, Gary S. Goodpaster, Chief Assistant State Public Defender, Paul Fogel, Quin Denvir and Richard E. Shapiro, Deputy State Public Defenders, as Amici Curiae on behalf of Objector and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Karl J. Phaler, Jay M. Bloom and Cecilia H. Johnson, Deputy Attorneys General, for Petitioner and Respondent.

OPINION

RICHARDSON, J.

May a mentally retarded person who is the subject of a petition for civil commitment to the state Department of Health pursuant to former Welfare and Institutions Code section 6502 (all further statutory references are to that code unless otherwise cited) be called as a witness at the commitment hearing? We conclude that he may.

Preliminarily, we review certain provisions of sections 6500-6512 governing...

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