justia.com | January 22, 2016
||Opinion Date: January 21, 2016
|Areas of Law: Civil Rights, Constitutional Law, Criminal Law
After a jury trial, Defendant was convicted of first degree murder, conspiracy to commit murder, and as an accessory after the fact. After a penalty phase trial, the jury returned a verdict of death. The Supreme Court affirmed the judgment, holding (1) sufficient evidence supported the first degree murder verdict based on the theory of lying in wait; (2) the lying-in-wait special circumstances satisfies the requirements of the Eighth Amendment; (3) the trial court did not err in instructing the jury; (4) the trial court did not err in allowing the prosecutor to present victim impact evidence relating to noncapital crimes; (5) Defendant forfeited his claim that the prosecutor committed misconduct during closing remarks at the penalty phase by addressing his argument to jurors individually; and (6) Defendant’s challenges to the constitutionality of California’s death penalty law were without merit.
Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager
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