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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

Counsel

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