California Court of Appeal

Conviction of defendant for first degree murders of his employers and jury's finding all enhancement allegations to be true, are affirmed where: 1) although defendant has forfeited his objections to the DNA evidence, in light of his claim of ineffective assistance of counsel, the evidence was properly admitted, and the defendant has failed to meet his burden to show that the court erred in not excluding the evidence sua sponte; 2) although defendant has forfeited his claim of prosecutorial misconduct, defendant fails to show how the proffer by the prosecution of opinions rendered by qualified experts using scientific accepted methods of analysis constitutes a pattern of egregious misconduct, or an attempt to use deceptive or reprehensible methods to persuade the jury; 3) because there was no error in the admission of the DNA evidence, defendant's claim that his counsel were ineffective necessarily fails since he has failed to show any prejudice; and 4) the trial court properly considered the totality of the evidence in denying defendant's motion for a new trial.

Appellate Information

• Decided 01/03/2011
• Published 01/03/2011

Judges

• Bruiniers

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Stephen B. Bedrick, Edmund G. Brown, Jr.