Benavides

People v. Benavides

Good Law
120 Cal. Rptr. 2d 755·2002 Cal. App. LEXIS 4219·2002 Daily Journal DAR 6410·99 Cal. App. 4th 100·2002 Cal. Daily Op. Serv. 5105
Court of Appeal of CaliforniaJune 7, 2002F037844California2,913 words

Opinion

Opinion

Vartabedian, J.

In 1993, Vicente Figueroa Benavides was found guilty of first degree murder with special circumstances and sentenced to death. An automatic appeal to the California Supreme Court followed. (Pen. Code, § 1239, subd. (b).) The Supreme Court appointed appellate counsel to handle his appeal and later, in 1999, appointed the Habeas Corpus Resource Center his counsel in this proceeding, to represent Benavides in his habeas corpus proceedings before that court.

In August 2000 the People filed a motion in superior court to restrict juror contact by Benavides or anyone acting or working on his behalf, benefit, or interest. The People sought an order requiring Benavides or his representatives to show good cause and to obtain court approval before contacting former jurors in the case. In addition to the above, or as an alternative, the People asked the court to order that Benavides or his representatives be limited in contacting former jurors through the court only. As a third additional requirement, or in the alternative to the above requirements, the People sought an order that any posttrial questioning of jurors be conducted under the direct supervision and control of the court,…

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