HOVEY v. SUPERIOR COURT

Docket No. S.F. 24093.

28 Cal.3d 1 (1980)

616 P.2d 1301

168 Cal. Rptr. 128

RICHARD ADAMS HOVEY, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

August 28, 1980.


Attorney(s) appearing for the Case

COUNSEL

James C. Hooley, Public Defender, Paul R. Trudell, Assistant Public Defender, Quin Denvir, State Public Defender, Michael G. Millman and Joseph Levine, Deputy State Public Defenders, and Samuel R. Gross for Petitioner.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Robert R. Granucci and Herbert F. Wilkinson, Deputy Attorneys General, for Real Party in Interest.

Edwin L. Miller, Jr., District Attorney (San Diego), Richard D. Huffman, Chief Deputy District Attorney, and Paul M. Morley, Deputy District Attorney, as Amici Curiae on behalf of Real Party in Interest.

Barry Tarlow as Amicus Curiae.


OPINION

BIRD, C.J.

This petition asks this court to decide whether a prospective juror who can be fair and impartial in determining the guilt or innocence of an individual accused of a capital offense may be removed for cause from serving at the guilt phase because the juror is unequivocally opposed to the imposition of the death penalty at the penalty phase?

I

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