People v. Ghobrial

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The Supreme Court affirmed the judgment of the trial court convicting Defendant of the first degree murder of a twelve-year-old boy, finding true the special circumstance that the murder was committed while Defendant was engaged in the commission of a lewd and lascivious act on the child, and sentencing Defendant to death. Specifically, the Court held (1) there was not substantial evidence of Defendant’s present incompetence that required the trial court, on its own motion, to declare a doubt and conduct a competence hearing during the penalty phase of trial; (2) Defendant’s constitutional challenge to the death penalty for mentally ill defendants was unavailing; (3) there was sufficient evidence of first degree murder and sufficient evidence to support a true finding on the special circumstance allegation; (4) Defendant’s argument that the trial court erred in excluding testimony regarding the victim’s relationships lacked merit; (5) the challenged jury instructions were not improper; (6) there was no reasonable possibility that the prosecutor’s comments during the penalty phase affected the jury’s verdict; and (7) Defendant’s challenges to California’s death penalty scheme failed. View "People v. Ghobrial" on Justia Law