California Court of Appeal

Conviction of defendant for second degree murder of her husband is affirmed in part, vacated in part and remanded where: 1) because defendant did not raise the issue of the substantive adequacy of the Miranda warnings in the trial court, defendant has forfeited this issue on appeal; 2) there is no basis for a claim of ineffective assistance of counsel on the Miranda issue; 3) even if the trial court's error in admitting defendant's statements on the prosecution's case-in-chief had been preserved for appeal, there is no grounds for reversal because, any error in the admission of the statements was not prejudicial to defendant; 4) trial court did not abuse its discretion in deciding not to hold an evidentiary hearing on the charges of juror misconduct, largely because the matters purportedly discussed were not prejudicial; but 5) the trial court's order requiring reimbursement of the county's defense costs is vacated and remanded as, the county's lien did not obviate the need for the trial court to determine whether defendant had the financial ability to reimburse the county's expenses.

Appellate Information

• Decided 12/13/2010
• Published 12/13/2010

Judges

• Margulies

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Victor J. Morse, Edmund G. Brown, Jr.