Supreme Court of California

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People v. Livingston, S090499

On automatic appeal of a death sentence for murder, the judgment is affirmed against claims of: 1) evidentiary error: 2) error in jury instructions; 3) insufficient evidence to support the true findings that the crimes were committed on behalf of a criminal street gang, and that the murders were committed under the special circumstance of lying in wait; 4) invalidity of the lying-in-wait special circumstance; 5) improper admission of evidence of unadjudicated criminal activity; 6) cumulative prejudice from errors; and 7) unconstitutionality of the death penalty and its violation of international law.

Appellate Information

  • Decided 04/26/2012
  • Published 04/26/2012


  • Chin


  • Supreme Court of California


  • For Appellant:
  • Robert Wayne Gehring, Daniel C. Chang