Supreme Court of California

A conviction for first degree murder and other offenses, and the resulting death sentence, is reversed in part only as to a conviction for receiving stolen property because he was incorrectly convicted of both stealing and receiving the same gun. The remainder of the judgment is affirmed over claims of error regarding: 1) admission of defendant's statements to police; 2) disclosure of a doctor's testing data; 3) denial of a motion to sever certain counts; 4) impeachment of an individual with his juvenile record; 5) testimony regarding an absent defense witness; 6) defendant's brother's assertion of his Fifth Amendment right in the jury's presence; 7) exclusion of a statement that another individual was the shooter; 8) juror misconduct; and 9) the constitutionality of California's capital sentencing scheme.

Appellate Information

• Decided 02/05/2007
• Published 02/05/2007

Judges

• MORENO, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Scott F. Kauffman, under appointment by the Supreme Court, San Francisco, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Ronald S. Matthias and Dorian Jung, Deputy Attorneys General, for Plaintiff and Respondent.