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CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
• People v. Gay
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LATEST SUMMARIES
CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
People v. Gay, No. S093765
Defendant's judgement of death for killing a Los Angeles police
officer is reversed and remanded where the trial court prejudicially
erred at a penalty retrial by: 1) barring defendant from offering
significant mitigating evidence concerning the circumstances of the
murder, in particular, evidence that another individual fired all of
the shots; and 2) instructing the jury not only that a prior jury
had found defendant guilty of murdering the officer by personal use
of a firearm, but also that it had been "conclusively proved by the
jury in the first case that this defendant did, in fact, shoot and
kill Officer Verna" and that the jury was to "disregard any
statements ... and ... any evidence to the contrary during the
trial."
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