Does section 190.1 of the California Code of Civil Procedure apply to the death penalty?

California, United States of America


The following excerpt is from People v. Granger, 105 Cal.App.3d 422, 164 Cal.Rptr. 363 (Cal. App. 1980):

4 We accept, without examination, the apparent concession of all counsel that section 190.1 is here applicable although the People had expressly waived their right to seek the death penalty.

5 Cf. People v. Luick (1972) 24 Cal.App.3d 555, at pp. 558-559, 101 Cal.Rptr. 252.

6 The Attorney General does not dispute that waivers of jury trial must be made by the defendant personally.

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