People v. Hardison CA5

INTRODUCTION

Defendant John Glenn Hardison appeals his conviction for first degree murder and related charges. Defendant makes four arguments: (1) the trial court inappropriately denied his second motion pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden); (2) the court failed to provide the jury with an instruction related to a heat of passion theory of voluntary manslaughter; (3) the court violated defendant’s constitutional rights when it dismissed Jurors Nos. 9 and 12 for misconduct during deliberations; and (4) relatedly, the dismissal of Jurors Nos. 9 and 12 had a coercive effect on the remaining jurors. We find each of these arguments unpersuasive, and therefore affirm the conviction.

PROCEDURAL SUMMARY

On April 17, 2020, the Kern County District Attorney filed a complaint charging defendant with the murder of Brian Dickerson (Pen. Code § 187, subd. (a); count 1);1 unlawful possession of a firearm by a felon (§ 29800, subd. (a)(1); count 2); unlawful possession of ammunition by a felon (§ 30305, subd. (a)(1); count 3); possession of cocaine while armed with a firearm (Health & Saf. Code, § 11370.1, subd. (a); count 4); and possession of cocaine for sale (Health &…