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People v. Lanphear

Supreme Court of California
Dec 10, 1980
28 Cal.3d 463 (Cal. 1980)

Opinion

Docket Nos. Crim. 20934, 21167.

December 10, 1980.


MEMORANDUM CASE

OPINION

THE COURT.

The Supreme Court of the United States on October 6, 1980, issued its order and judgment that "the judgment of the . . . Supreme Court [of California] in this cause is vacated, and that cause is remanded to the Supreme Court of California for further consideration in light of Adams v. Texas, 448 U.S. 38 (1980)."

Pursuant to this mandate we have reexamined our opinion in this case (reported at 26 Cal.3d 814 [ 163 Cal.Rptr. 601, 608 P.2d 689]) in light of Adams v. Texas. Our opinion rests upon the conclusion that jurors Holley and Hayter were improperly excluded from the jury under the standard established in Witherspoon v. Illinois (1968) 391 U.S. 510, 522, footnote 21 [20 L.Ed.2d 776, 785, 88 S.Ct. 1770], that a juror may be excluded only if it is "`unmistakably clear'" that he or she "`would automatically vote against the imposition of capital punishment without regard to any evidence that might be developed at the trial.'" Adams v. Texas, supra, 448 U.S. 38, 44 [65 L.Ed.2d 581, 589, 100 S.Ct. 2521] does not alter this conclusion. Inasmuch as we conclude that it is unnecessary to alter our prior opinion, we reiterate it in its entirety.

Respondent's petition for a rehearing was denied January 22, 1981.


Summaries of

People v. Lanphear

Supreme Court of California
Dec 10, 1980
28 Cal.3d 463 (Cal. 1980)
Case details for

People v. Lanphear

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. RONALD EUGENE LANPHEAR, Defendant…

Court:Supreme Court of California

Date published: Dec 10, 1980

Citations

28 Cal.3d 463 (Cal. 1980)
171 Cal. Rptr. 505
622 P.2d 950

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