prosecutor's argument that defendant was an "interested party" and had motive to lie in order to avoid conviction deemed appropriate
How later courts described this case
- prosecutor's argument that defendant was an "interested party" and had motive to lie in order to avoid conviction deemed appropriate
Written by the judges who cited it.
Later courts went against this
Disapproved on other grounds by People v. Diaz, 60 Cal. 4th 1176 (2015)
45 Cal.3d 1189, 1236-1237 , disapproved on another ground in People v. Diaz (2015) 60 Cal.4th 1176
The opinion
KAUFMAN, J.
I concur fully in the affirmance of the convictions and special circumstance finding. I concur in reversal of the death penalty under *1246 compulsion of People v. Ramos (1984) 37 Cal.3d 136, 150-159 [ 207 Cal.Rptr. 800 , 689 P.2d 430 ] and People v. Montiel (1985) 39 Cal.3d 910, 928 [ 218 Cal.Rptr. 572 , 705 P.2d 1248 ], Had the prosecutor not exploited the Briggs Instruction I would have held the giving of the instruction harmless beyond a reasonable doubt on the facts of this case.
Appellant’s petition for a rehearing was denied September 1, 1988, and the opinion was modified to read as printed above.