California Court of Appeal

Conviction for first-degree murder is affirmed over defendant's claims that: 1) his constitutional rights were violated because the prosecution would not ask federal immigration officials to issue special visas for two exculpatory witnesses who lived in Mexico; and 2) instructional errors were made on firearm use causing death or great bodily injury, on flight, and on reasonable doubt. Further, a petition for habeas relief is denied over claims that trial counsel had a prejudicial conflict of interest because he was also representing the son of a key prosecution witness who was facing a murder charge.

Appellate Information

• Decided 06/09/2008
• Published 06/09/2008

Judges

• RUBIN, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Diana M. Teran, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels and Lauren E. Dana, Deputy Attorneys General, for Plaintiff and Respondent.