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CRAMER v. SHAY

Docket No. 19127.

94 Cal.App.3d 242 (1979)

156 Cal. Rptr. 303

JAMES M. CRAMER, as District Attorney, etc., Plaintiff and Respondent, v. EMMETT LEE SHAY, Objector and Appellant.

Court of Appeals of California, Fourth District, Division Two.

June 19, 1979.

Attorney(s) appearing for the Case

COUNSEL

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

Evelle J. Younger and George Deukmejian, Attorneys General, Jack R. Winkler and Robert H. Philibosian, Chief Assistant Attorneys General, Daniel J. Kremer, Assistant Attorney General, Karl J. Phaler, Alan S. Meth and Jay M. Bloom, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GARDNER, P.J. —

THE ISSUE

In this case we hold that Miranda principles are not applicable to proceedings under Welfare and Institutions Code section 6500.11 (mentally retarded persons who are a danger to themselves or others). However, we further hold that the trial court must, on appropriate motion, hold a Jackson v...

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