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PEOPLE v. SUPERIOR COURT (MARKS)

Docket No. S013832.

1 Cal.4th 56 (1991)

820 P.2d 613

2 Cal. Rptr.2d 389

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JOHN MARKS, Real Party in Interest.

Supreme Court of California.

December 19, 1991.

Attorney(s) appearing for the Case

COUNSEL

Ira Reiner, District Attorney, Harry B. Sondheim, Donald J. Kaplan and Brent Riggs, Deputy District Attorneys, for Petitioners.

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

No appearance for Respondent.

John Marks, in pro. per., Lawrence A. Morse and Robert S. Gerstein for Real Party in Interest.

Farella, Braun & Martel, Douglas R. Young, Douglas Sortino and Ann G. Daniels as Amici Curiae on behalf of Real Party in Interest.

OPINION

ARABIAN, J. —

I. INTRODUCTION

We confront in this case the interplay of two otherwise unrelated constitutional concerns: the prohibition against being twice put in jeopardy and the right of a criminal defendant to be mentally as well as physically present at trial. In deciding whether real party in interest John Marks1 may invoke the protections...

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