People v. Erskine

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The Supreme Court affirmed Defendant's conviction of two counts of first degree murder and personal use of a deadly weapon and Defendant's sentence of death on both counts, holding that no prejudicial error occurred in the proceedings below. Specifically, the Court held (1) the trial court did not abuse its discretion by admitting evidence of other crimes; (2) the trial court did not violate Defendant's right to an impartial penalty phase jury under the federal and state Constitutions by excusing a prospective juror for cause because of her views on the death penalty; (3) penalty retrial following a hung jury was not unconstitutional; (4) the trial court did not err by denying Defendant's motion to declare the death penalty unconstitutional in practice; and (5) an instruction during the penalty phase was given in error, but the error was harmless. View "People v. Erskine" on Justia Law