Boyer

In 1984, a jury convicted defendant Richard Delmer Boyer of the first degree murders (Pen. Code, §§ 187, subd. (a), 189) and robberies (§ 211) of Francis and Aileen Harbitz. An allegation that defendant used a deadly weapon, a knife, in each of the offenses was sustained. (§ 12022, former subd. (b), see now subd. (b)(1).) Under the 1978 death penalty law, special circumstances of multiple murder (§ 190.2, subd. (a)(3)), and robbery murder (id., former subd. (a)(17)(i), see now subd. (a)(17)(A)) were found true. After a penalty trial, the jury sentenced defendant to death.

We reversed the 1984 guilt and penalty judgments. We concluded that defendant’s confession to the police in a custodial setting was obtained in violation of the Fourth Amendment and Miranda v. Arizona (1968) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 ], and that admission of the confession in evidence at his trial was prejudicial on the issue of guilt. However, on the record before us, we saw no basis to conclude that other evidence admitted against him was tainted by the Fourth Amendment and Miranda violations, such that it could not be used in any retrial. (People v. Boyer (1989) 48 Cal.3d 247 […