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CURL v. SUPERIOR COURT

No. F047313.

44 Cal.Rptr.3d 320 (2006)

140 Cal.App.4th 310

Robert Zane CURL, Petitioner, v. The SUPERIOR COURT of Fresno County, Respondent. The People of the State of California, Real Party in Interest.

Court of Appeals of California, Fifth District.

June 9, 2006.

Attorney(s) appearing for the Case

Kevin G. Little, Berkeley, and Samya Burney, for Petitioner.

No appearance for Respondent.

Kevin Bringuel and Adrienne Toomey as Amicus Curiae on behalf of Petitioner.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Ward Campbell and Eric L. Christoffersen, Deputy Attorney Generals, for Real Party in Interest.

OPINION

ARDAIZ, P.J.

INTRODUCTION

In 1993 petitioner Robert Zane Curl was convicted of the first degree murder of Richard Urban with the special circumstance that petitioner had previously been convicted (in 1977) of second degree murder. He was sentenced to death. His automatic appeal is presently pending before the California Supreme Court. In April of 2004 petitioner filed in superior court a motion for post-conviction discovery

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