Supreme Court of California

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People v. Hartsch, S074804

Conviction of defendant for three counts of first degree murder and sentence of death based on the special circumstance of multiple murder are affirmed as, inter alia: 1) defendant failed to meet his burden of establishing a prima facie case of discrimination in the prosecutor's use of peremptory challenges; 2) defendant's claim that the court's failure to sever the charges resulted in a fundamentally unfair trial, denying him due process is meritless; 3) trial court did not err in excluding testimony of certain witnesses; 4) since there was ample corroboration, defendant could not have been prejudiced by the omission of his proposed instruction on accomplice liability for felony murder; 5) defendant's challenges to the death penalty law and instructions are meritless; and 6) no error affected the guilt or penalty verdict, considered individually or conjunctively.

Appellate Information

  • Submitted 06/28/2010
  • Decided 06/28/2010
  • Published 06/28/2010


  • <a href="">CORRIGAN, J.</a>


  • Supreme Court of California


  • For Appellant:
  • <a href="">Michael J. Hersek</a>, Edmund G. Brown, Jr.