Supreme Court of California

Conviction for first degree murder and sentence to death is modified and affirmed where: 1) the first part of defendant's confession was freely and voluntarily given and properly ruled admissible; 2) the court did not err when it found the second taped statement, including his recantation, fully admissible on the basis that it was sufficiently attenuated from the portion of his initial statement that was found involuntary; 3) the court did not abuse its discretion in excluding both of defendant's expert's testimonies; 4) the court did not err in excluding defendant's third party culpability evidence; 5) defendant's claim of judicial misconduct fails; 6) defendant's claim that the court erred in refusing to inform defendant's wife of the spousal privilege against testifying is without merit; 6) defendant's claim that the court failed to fulfill its duty to forbid physical restraints unless their use was manifestly necessary is without merit; 7) the court did not err in giving the jury an instruction on flight after crime; 8) the court erred in permitting the jury to find true two multiple-murder special circumstances, but the error did not prejudice his penalty determination; 9) California's death penalty statute does not violate the state or federal constitution; and 10) the trial court erred in imposing and then staying a parole revocation restitution fine.

Appellate Information

• Decided 08/06/2009
• Published 08/06/2009

Judges

• BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• David S. Adams, Hood River, OR, under appointment by the Supreme Court, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Stan Cross, Acting Assistant Attorney General, Patrick J. Whalen and Brook Bennigson, Deputy Attorneys General, for Plaintiff and Respondent.