Wisely

Willie Ray Wisely appeals his conviction for murder with the special circumstance of lying in wait. He urges reversal, contending: (1) the evidence was insufficient to support the murder conviction; (2) the evidence was insufficient to support a finding of lying in wait; (3) the prosecution wrongfully destroyed a critical piece of evidence; (4) the prosecutor was guilty of prejudicial misconduct during trial; (5) the prosecution knowingly allowed false evidence at the trial; (6) the prosecution withheld valuable information from the defense; (7) a reporter was improperly allowed to invoke the shield law; (8) the testimony of a witness was improperly compelled; (9) inadmissible prejudicial hearsay was admitted; (10) the trial court committed multiple prejudicial instructional error; (11) prejudicial juror misconduct occurred; (12) Wisely’s Sixth Amendment and due process rights were violated regarding his motion for new trial; and (13) Wisely was inadequately advised of the dangers of self-representation and was unable to properly represent himself because of mistreatment at the jail. In the published portion of the opinion, we reject Wisely’s eighth and eleventh…