People v. Jackson

I concur, of course, in the opinion I have prepared for the court. I write separately for two reasons: (1) because my method of analyzing the validity of defendant’s motion under People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ] (Wheeler) and Kentucky v. Batson (1986) 476 U.S. 79 [ 90 L.Ed.2d 69 , 106 S.Ct. 1712 ] (Batson), differs from that currently accepted by this court, and (2) in order to express my disagreement with the views set forth in Justice Baxter’s concurrence with regard to the admissibility of the Oregon escape.

I.

As I explained in my dissent in People v. Johnson (1989) 47 Cal.3d 1194, 1292 [ 255 Cal.Rptr. 569 , 767 P.2d 1047 ] (Johnson), it is useful and appropriate for appellate courts to compare “the prosecutor’s treatment of minority and nonminority prospective jurors” in reviewing the validity of Wheeler! *1249 Batson challenges. Evidence of disparate treatment between these two groups—that the former are challenged for characteristics or responses that go unchallenged in the latter—is “strongly suggestive of bias.” (People v. Hall (1984) 35 Cal.3d 161, 168 [ 197 Cal.Rptr. 71 , 672 P.2d 854 ].) Such comparative analysis raises…

I concur in the judgment affirming the guilt and penalty verdicts. I also agree with the bulk of the majority’s analysis. However, the majority decline to decide whether it was error to admit defendant’s Oregon escape as aggravating evidence at the penalty phase, simply concluding instead that if there was error, it was harmless.

I agree that admission of the Oregon escape had no prejudicial effect on the penalty outcome. However, I would reach the question avoided by the majority. I conclude that because the Oregon escape “involved ... the express or implied threat to use force or violence,” its admission was proper under factor (b) of Penal Code section 190.3. 3

By its nature, escape from secure confinement demonstrates a desperate readiness to resist lawful custody and raises a high likelihood of confrontation with guards, witnesses, pursuing police, or innocent citizens. It thus presents a substantial “threat” of violence, even when no violence was specifically planned and no person was actually hurt.

Moreover, the specific facts of defendant’s Oregon escape amply demonstrate its inherent potential for violent or threatening encounters. At the time he broke out of the…

Defendant Noel Jackson was found guilty of the murder of Sonja Niles, as well as guilty of conspiracy to commit murder. The jury found true enhancements of his sentence for the possession and use of a *1187 firearm. (Pen. Code, §§ 12022, subd. (a); 12022.5.) 1 It also found true one special circumstance—that “[t]he murder was intentional and carried out for financial gain.” (§ 190.2, subd. (a)(1).) At the penalty phase, it fixed defendant’s sentence at death. The trial court sentenced defendant accordingly. This appeal is automatic under section 1239, subdivision (b).

We conclude that the judgment should be affirmed in its entirety.

I. Statement of Facts

A. Guilt Phase

Defendant was tried with codefendant Michael Niles before two separate juries. According to the testimony of Anthony Piper, Niles, an old friend, contacted Piper on December 13, 1984. Niles told Piper that he wanted to have his wife killed and that he would be willing to pay $5,000 to the person who would accomplish that task. Niles said he wanted her murdered because she had “messed with him when he was playing basketball” (Niles had been a college and, briefly, professional basketball player) and that…

Defendant Noel Jackson was found guilty of the murder of Sonja Niles, as well as guilty of conspiracy to commit murder. The jury found true enhancements of his sentence for the possession and use of a firearm. (Pen. Code, §§ 12022, subd. (a); 12022.5.) [1] It also found true one special circumstance — that "[t]he murder was intentional and carried out for financial gain." (§ 190.2, subd. (a)(1).) At the penalty phase, it fixed defendant's sentence at death. The trial court sentenced defendant accordingly. This appeal is automatic under section 1239, subdivision (b).

We conclude that the judgment should be affirmed in its entirety.

Defendant was tried with codefendant Michael Niles before two separate juries. According to the testimony of Anthony Piper, Niles, an old friend, contacted Piper on December 13, 1984. Niles told Piper that he wanted to have his wife killed and that he would be willing to pay $5,000 to the person who would accomplish that task. Niles said he wanted her murdered because she had "messed with him when he was playing basketball" (Niles had been a college and, briefly, professional basketball player) and that she had "sent his brother to…