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State Courts -
California - January 26, 2006
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People v. Hinton, S037302,
SUPREME COURT OF CALIFORNIA, January 26, 2006, Filed
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Overview: Counsel in a capital murder trial could, on defendant's behalf, waive defendant's right under Pen. Code, ? 190.1, subd. (b), to have the truth of a prior-murder-conviction special circumstance determined in a separate proceeding following the guilt phase. Thus, there was no error in failing to secure an express personal waiver from defendant.
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