Supreme Court of California

Conviction for first degree murder, attempted murder and robbery and sentence of death is affirmed where: 1) record supports the trial court's decision to grant prosecution's race-neutral peremptory challenges against jurors; 2) trial court did not err in denying plaintiff's motion to suppress evidence of his confession as defendant impliedly voluntarily and knowingly waived his Miranda rights; 3) prosecution's penalty phase cross-examination did not constitute prosecutorial misconduct; 4) trial court did not err in admitting the 911 tape as victim impact evidence, as it was not cumulative of other evidence and was more probative than prejudicial; and 5) the death penalty statute is not unconstitutional.

Appellate Information

• Decided 04/23/2009
• Published 04/23/2009

Judges

• CHIN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Lynne S. Coffin and Michael J. Hersek, State Public Defenders, under appointment by the Supreme Court, Arcelia Hurtado and Katherine Froyen, Deputy State Public Defenders, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Pamela C. Hamanaka, Assistant Attorney General, John R. Gorey and Russell A. Lehman, Deputy Attorneys General, for Plaintiff and Respondent.