California Court of Appeal

Conviction for second degree murder, torture, and kidnapping, and firearms-related allegations is affirmed over claims of error that: 1) the doctrine of collateral estoppel required reversal of the torture count; 2) the admission of certain hearsay statements as adoptive admissions violated both the hearsay rule and the confrontation clause and that his attorney rendered ineffective assistance of counsel if the absence of a constitutional objection forfeited his right to appellate review; and 3) CALCRIM No. 220 impermissibly precluded the jury from considering lack of evidence on the issue of proof beyond a reasonable doubt.

Appellate Information

• Decided 11/24/2008
• Published 11/24/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Linda M. Leavitt, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Stephen G. Herndon and Paul E. O'Connor, Deputy Attorneys General, for Plaintiff and Respondent.