Conviction for first degree murder and other crimes and sentence to death is affirmed where: 1) the trial court did not err in denying defendant's motions for a change of venue and in its rulings on various challenges to the makeup of the jury; 2) the court did not err in denying several motions to suppress and in its evidentiary rulings, in various instructions it made to the jury, and in denying requested defense instructions; 3) the court did not err denying defendant access to data concerning his past employment and in prohibiting him from introducing evidence on that subject, and did not err in refusing to give proposed instructions on aggravating and mitigating circumstances; and 4) there is no merit to defendant's argument that the death penalty statute violates the United States Constitution.
Santa Clara County Super. Ct. No. 123146
Filed: July 2, 2009
Before: BAXTER, J., GEORGE, C.J., WERDEGAR, J., CHIN, J., MORENO, J., CORRIGAN, J., NICHOLSON, J.
Opinion by GEORGE, C.J.
For Appellant: Ezra Hendon, under appointment by the Supreme Court, and David L. Saine.
For Respondent: Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Ronald A. Bass and Gerald A. Engler, Assistant Attorneys General, Ronald S. Matthias, Nanette Winaker and Michael E. Banister, Deputy Attorneys General.