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California Court of Appeal


People v. Mercado, B223451a

After reconsideration in light of recent high court opinions, the habeas corpus petition challenging defendant's conviction for second degree murder and attempted murder, with enhancements for inflicting great bodily injury and inflicting injury knowing the victim was pregnant, is once again denied, where: 1) the trial court properly answered the jury’s question during deliberations; 2) failure to obtain defendant's psychological report from expert did not constitute ineffective assistance of counsel; 3) medical examiner's testimony about the baby's "manner of death" does not warrant reversal of defendant's conviction; 4) there was no cumulative error; but 5) the sentencing error must corrected.

Appellate Information

  • Decided 05/07/2013
  • Published 05/07/2013

Judges

  • KLEIN

Court

  • California Court of Appeal

Counsel

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