Supreme Court of California
People v. Bivert, S099414
Conviction and sentencing of defendant for first-degree murder with an enhancement for a prior conviction of first degree murder and lying in wait are affirmed where: 1) trial court's denial of defendant's motion for separate juries for the guilt, special circumstance, and penalty phases did not violate defendant's right to a fair trial; 2) excusal a juror for cause was no error; 3) trial court's refusal to excuse for cause another prospective juror was proper; 4) the court did not err in admitting evidence that tended to show that defendant was a white supremacist; 5) defendant's death sentence is not cruel and unusual punishment on the ground that it was based on a prior murder committed while defendant was a juvenile; and 6) state's death penalty statute is not unconstitutional.
Appellate Information
- Decided 07/11/2011
- Published 07/11/2011
Judges
- WERDEGAR
Court
- Supreme Court of California