[DOWNLOAD] "People V. Brown" by Supreme Court Of California ~ Book PDF Kindle ePub Free

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eBook details

• Title: People V. Brown
• Author : Supreme Court Of California
• Release Date : January 11, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

This case, an automatic appeal, is before us on remand from the United States Supreme Court. Our original decision (hereafter Brown I) was filed December 5, 1985. (40 Cal. 3d 512 [220 Cal. Rptr. 637, 709 P.2d 440].) A jury convicted defendant of the rape and premeditated murder of 15-year-old Susan J. Under the 1978 death penalty initiative, a rape-murder special circumstance (Pen. Code, § 190.2, subd. (a)(17)(iii))*fn1 was found true. After a penalty trial, the jury imposed the death sentence. This court unanimously upheld the guilt and special circumstance verdicts. However, a five-justice majority (per Grodin, J.; see also conc. opn. of Bird, C. J.) reversed the death judgment, ruling under dispositive California precedent that the penalty phase instruction to disregard sympathy (CALJIC No. 1.00) was constitutionally improper and prejudicial, and thus invalidated

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