California Court of Appeal

In a prosecution for first degree murder, denial of defendant's renewed motion to suppress her statements to police, admission of hearsay statements, and jury instruction are affirmed where: 1) defendant's new evidence did not raise material factual or legal issues not considered by the original trial judge or create the realistic possibility that the factual findings of that judge were in error; and 2) defendant was not entitled to a de novo hearing.

Appellate Information

• Decided 12/17/2008
• Published 12/17/2008

Judges

• MARGULIES, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Stephen B. Bedrick, Oakland, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Rene A. Chacon and Karen Z. Bovarnick, Deputy Attorneys General, for Plaintiff and Respondent.