California Supreme Court decision invalidating death penalty
under state constitution has mooted this case, where certiorari was
granted to consider whether death penalty comports with Federal
70 Cal. 2d
, 450 P.2d 258, certiorari dismissed.
Page 406 U. S. 814
Petitioner in this case, which has been orally argued and is now
has filed a Suggestion of Mootness and Motion
for Remand based on the intervening decision of the California
Supreme Court in People v. Anderson, 6 Cal. 3d 628
493 P.2d 880 (1972). That decision declared capital punishment in
California unconstitutional under Art. 1, § 6, of the state
constitution. The decision rested on an adequate state ground, and
the State's petition for writ of certiorari was denied.
406 U. S. 98
The California Supreme Court declared in the Anderson
that its decision was fully retroactive, and stated that any
prisoner currently under sentence of death could petition a
superior court to modify its judgment. Petitioner thus no longer
faces a realistic threat of execution, and the issue on which
certiorari was granted -- the constitutionality of the death
penalty under the Federal Constitution -- is now moot in his case.
Accordingly, the writ of certiorari is dismissed.