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Appointed federal counsel may represent client in state clemency proceedings

 HARBISON v. BELL, WARDEN, U.S. Supreme Ct., April 1, 2009
Appointed federal counsel on the habeas in this Tennessee DP case wants to do State clemency proceedings after State court refuses to appoint state counsel on those proceedings. Federal court denies request to expand federal counsel role to clemency proceedings.  US Supremes say she should be appointed.

All underlying assaultive crimes merge with murder and cannot be basis of 2d deg Fel Murder

People v. Chun (2009) , Cal.4th  Cal Supremes Mar. 30, 2009
16 yr old Def is driving around with his home boys, sitting in the back seat.  A shooting war ensues with another car and one of the other guys dies.  Def is tried as adult for special circ murder.  Jury is instructed on 2d deg [...]

Daily transcript required for Prelim in potential DP case-even absent DA dec re DP

Abernathy v. Superior Court (People) (2007) , Cal.App.4th [No. A119308. First Dist., Div. One. Dec. 3, 2007
Def charged with murder with specials. DA has made no declaration re intent w/respect to DP. Def requests daily PX transcript.  Court declines. Writ follows.  App Court says daily is mandatory per statute - no requirement for DA to announce intent [...]

DP case affirmed - challenges to lack of preference between LWOP - DP ignored

People v. Mendoza, No. S067678 Supreme Court for the State of California
Death Penalty case.  Def engages in domestic terror with wife and kids.  They leave him. Teen girl child discloses that Def Dad has been molesting her. Family then all go to California.  Def freaks and several days later chases down family and kills 3 kids and shoots [...]

LWOP Def lacks standing to make cruel-unusual punishment challenge to special circ; other grab bag of issues denied

People v. Campos (2007) , Cal.App.4th [No. B191256. Second Dist., Div. Two. Nov. 14, 2007
Def convicted of multiple murders with drive by special and various gun enhancements. Def also convicted of attempt murder on surviving victim.  Def gets multiple LWOP sentences.   The surviving victim ID’s def.  The murder weapon is found on Def and he makes [...]

DP affirmation-clear Miranda violation does not exclude statement on impeachment where statement is not coerced or otherwise involuntary

People v. DePriest (2007) , Cal.4th [No. S040527. Aug. 9, 2007
DP case with robbery/att rape as specials.  Jury selection issues-Def exhausted 20 prempts-request for more properly denied; seemingly lame speedy trial challenges are denied-delays mostly occasioned by time consumed in convicting Def for out of state crimes prior to his contested extradition; Good Miranda claim-but [...]