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CURRY v. SUPERIOR COURT

No. G047000.

217 Cal.App.4th 580 (2013)

158 Cal. Rptr. 3d 707

PAUL MARSHAL CURRY, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three.

June 25, 2013.

Attorney(s) appearing for the Case

Frank Ospino , Public Defender, Jean Wilkinson , Chief Deputy Public Defender, Mark S. Brown , Assistant Public Defender, and Martin F. Schwarz , Deputy Public Defender, for Petitioner.

Tony Rackauckas , District Attorney, and Matthew Lockhart , Deputy District Attorney, for Real Party in Interest.

OPINION

BEDSWORTH, Acting P. J. —

Petitioner Paul Marshal Curry stands accused of murdering his wife, Linda, for financial gain by means of poison. Although Linda died in 1994, petitioner was not charged until 2010, after forensic testing confirmed Linda, a nonsmoker, had lethal levels of nicotine in her system when she died. At the preliminary hearing, a homicide investigator with no...

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