IN RE HORTON

Docket No. S012531.

54 Cal.3d 82 (1991)

813 P.2d 1335

284 Cal. Rptr. 305

In re JAMES F. HORTON II on Habeas Corpus.

Supreme Court of California.

August 12, 1991.


Attorney(s) appearing for the Case

COUNSEL

Altshuler & Berzon, Altshuler, Berzon, Nussbaum, Berzon & Rubin, Michael Rubin and Marsha S. Berzon for Petitioner.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart, Chief Assistant Attorney General, Marc E. Turchin, Susan L. Frierson and Joan Comparet, Deputy Attorneys General, for Respondent.


OPINION

BROUSSARD, J.

The issue in this case is whether a court commissioner may conduct a trial in a capital case when no oral or written stipulation of the parties authorized him to sit as a temporary judge, but when defense counsel proceeded to trial without objection, knowing that the judge was a court commissioner. Petitioner contends that the right to be tried by a regularly appointed or elected superior court judge is a fundamental...

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