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MARKS v. SUPERIOR COURT

No. S085224.

115 Cal.Rptr.2d 674 (2002)

27 Cal.4th 176

38 P.3d 512

Delaney Geral MARKS, Petitioner, v. The SUPERIOR COURT of Alameda County, Respondent; The People, Real Party in Interest.

Supreme Court of California.

Rehearing Denied March 27, 2002.

Attorney(s) appearing for the Case

Michael Lawrence, Los Angeles, Gary Sowards and Mary Jane Mona, San Francisco, for Petitioner.

No appearance for Respondent.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Thomas A. Brady, Laurence K. Sullivan and Sharon Wooden, Deputy Attorneys General, for Real Party in Interest.

BROWN, J.

Appeal from a judgment of death is automatic. (Pen.Code, § 1239, subd. (b).) If, as in most cases, the defendant is indigent, this court will appoint counsel to prosecute the appeal. (Id., § 1240.1.) Until 1998, appointed counsel's obligations also included "a duty to investigate factual and legal grounds for the filing of a petition for writ of habeas corpus." (Cal. Supreme Ct., Policies Regarding Cases Arising from Judgments of Death,...

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