Supreme Court of California

Conviction and sentence in a death penalty case are affirmed on automatic appeal over claims of error regarding: 1) competency issues; 2) denial of a motion for a change of venue; 3) admission of defendant's statements to detectives and his father; 4) admission of defendant's in-court admission of guilt; 5) prosecutor's alleged failure to control a witness; 6) prosecutorial misconduct; 7) midtrial dismissal of a juror; 8) juror misconduct; 9) cumulative guilt phase error; 10) a failure to conduct a new competency hearing during the penalty phase; 11) instructional error; 12) the proportionality of the penalty; 13) the execution of developmentally disabled defendant; and 14) the constitutionality of the state's death penalty law.

Appellate Information

• Decided 05/17/2007
• Published 05/17/2007

Judges

• KENNARD, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Erickson Beasley Hewitt & Wilson and Todd Boley, Oakland, for California Department of Developmental Services as Amicus Curiae, upon the request of the Supreme Court.


• For Appellees:
  
• Wesley A. Van Winkle, Berkeley, under appointment by the Supreme Court, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Ward A. Campbell and Patrick J. Whalen, Deputy Attorneys General, for Plaintiff and Respondent.