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Supreme Court of California


People v. Kelly, S049973

In a first degree murder, death penalty case, the conviction and sentence are affirmed on automatic appeal over claims of error regarding: 1) jury selection; 2) defendant's absence from proceedings; 3) admission of evidence of uncharged conduct; 4) the sufficiency of the evidence; 5) jury instructions; 6) admission of victim impact evidence; 7) a refusal to give certain requested jury instructions; 8) whether California's death penalty law is invalid because it does not provide for intercase proportionality review; 9) previously-rejected penalty contentions; 10) international law; and 11) cumulative error.

Appellate Information

  • Decided 12/06/2007
  • Published 12/06/2007

Judges

  • CHIN, J.

Court

  • Supreme Court of California

Counsel

  • For Appellees:
  • Michael J. Hersek, State Public Defender, under appointment by the Supreme Court, and Evan Young, Deputy State Public Defender, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Sharlene A. Honnaka and Stephanie C. Brenan, Deputy Attorneys General, for Plaintiff and Respondent.
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