CURL v. SUPERIOR COURT

Docket No. S010655.

51 Cal.3d 1292 (1990)

801 P.2d 292

276 Cal. Rptr. 49

ROBERT ZANE CURL, Petitioner, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

December 10, 1990.


Attorney(s) appearing for the Case

COUNSEL

Smurr & Henry, Smurr, Henry & Gelegan, John B. Smurr, Charles F. Magill and Len W. Holt for Petitioner.

Fern M. Laetham, State Public Defender, Michael Pescetta and Sarah Plotkin, Deputy State Public Defenders, as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Kent S. Scheidegger as Amicus Curiae on behalf of Respondent.

John K. Van de Kamp, Attorney General, Steve White and Richard B. Iglehart, Chief Assistant Attorneys General, Arnold O. Overoye, Assistant Attorney General, Joel Carey, Shirley A. Nelson, Derald E. Granberg and Harry Joseph Colombo, Deputy Attorneys General, for Real Party in Interest.


OPINION

EAGLESON J.

We granted review in this case to settle the question of whether the constitutional validity of a prior murder conviction underlying a prior-murder special circumstance may be collaterally attacked via a pretrial motion to strike the special circumstance, and to further determine the applicable standard of proof by which the invalidity of the prior conviction...

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