Nicolaus

People v. Nicolaus

Good Law

1991 Cal. LEXIS 4657·286 Cal. Rptr. 628·54 Cal. 3d 551·91 Daily Journal DAR 13129·817 P.2d 893

Supreme Court of CaliforniaOctober 24, 1991S004766. Crim. 26406California13,613 words

Opinion

Baxter, J.

Defendant Robert Henry Nicolaus appeals from a judgment of death imposed under the 1978 death penalty law. (Pen. Code, § 190.1 et seq.) He was convicted of the first degree murder of his ex-wife, Charlyce Robinson. (§ 187.) A firearm-use enhancement was found true. (§ 12022.5.) The murder was committed in Sacramento County; defendant successfully moved for a change of venue and the case was ordered transferred to Santa Clara County for trial.

Upon his conviction, defendant admitted the truth of the three alleged prior-murder special circumstances, having been previously convicted of the murders of his three children in 1964. (§ 190.2, subd. (a)(2).) The jury fixed the penalty at death; this appeal is automatic. (§ 1239, subd. (b).)

For the reasons set forth hereafter, we conclude that the judgment should be affirmed in its entirety.

I. Facts

A. Guilt Phase

The Murder

At 4 p.m. on February 22, 1985, Ron Landrith and his father Leon were in a lot adjacent to their residence on Eleanor Street in Sacramento. A turquoise Rambler parked in the alleyway next to their property suddenly pulled into an adjoining lot and came to a stop in front of, and blocking, a red…

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Parties

The PEOPLE
Plaintiff
ROBERT HENRY NICOLAUS
Defendant

Judges

Baxter

Cites (72)

65 Cal. 2d 866
47 Cal. 3d 1194
47 Cal. 3d 1047
9 Cal. 3d 185
35 Cal. 3d 329
22 Cal. 3d 258
53 Cal. 3d 68
41 Cal. 3d 144
11 Cal. 3d 738
483 U.S. 402
476 U.S. 162
26 Cal. 3d 814
187 Cal. App. 3d 1001
706 F.2d 1000
465 U.S. 1100
708 F.2d 1365
44 Cal. 3d 1006
26 Cal. 3d 557
443 U.S. 307
70 Cal. 2d 15
45 Cal. 3d 227
46 Cal. 3d 833
52 Cal. 3d 909
7 Cal. 3d 756
50 Cal. 3d 668
49 Cal. 3d 957
47 Cal. 3d 207
46 Cal. 3d 322
31 Cal. 3d 503
253 Cal. Rptr. 199
38 Cal. 3d 762
46 Cal. 3d 432
47 Cal. 2d 99
37 Cal. 3d 351
203 Cal. App. 3d 1303
203 Cal. App. 3d 385
189 Cal. App. 3d 891
108 Cal. App. 3d 100
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46 Cal. 3d 478
104 L. Ed. 2d 169
45 Cal. 3d 867
102 L. Ed. 2d 981
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115 L. Ed. 2d 720
52 Cal. 3d 754
50 Cal. 3d 907
50 Cal. 3d 468
428 U.S. 280
40 Cal. 3d 512
44 Cal. 3d 57
44 Cal. 3d 975
46 Cal. 3d 123
45 Cal. 3d 660
43 Cal. 3d 739
45 Cal. 3d 259
438 U.S. 586
479 U.S. 538
49 Cal. 3d 200
48 Cal. 3d 1142
46 Cal. 3d 1035
45 Cal. 3d 1268
48 Cal. 3d 879
42 Cal. 3d 730
46 Cal. 3d 659
50 Cal. 3d 1223
53 Cal. 3d 618
53 Cal. 3d 1195
48 Cal. 3d 1046
53 Cal. 3d 955
494 U.S. 370