Slaughter

Defendant Michael Corey Slaughter was convicted, following a jury trial, of two counts of murder (Pen. Code, § 187, subd. (a)), 1 one count of attempted murder (§§ 664, 187), and one count of robbery (§ 211). With regard to the murders, the jury found true the special circumstance allegations of multiple murder and murder in the commission of a robbery. (§ 190.2, subd. (a)(3), (17).) The jury further found true the allegations that defendant personally used a firearm in the commission of the charged offenses (§ 12022.5, subd. (a)) and inflicted great bodily injury on the victim of the attempted murder (§ 12022.7, subd. (a)). The initial jury was unable to reach a verdict at the penalty phase trial, and a mistrial was declared. A second jury was selected and, following a second penalty phase trial, that jury returned a verdict of death. This appeal from the resulting judgment is automatic. (§ 1239, subd. (b).) For the reasons that follow, we affirm the judgment.

Facts

On January 24, 1990, Jeff DeRouen, Eddie Keith, and Djamal Littleton drove from Pittsburg, California, to Modesto in Keith’s Mustang automobile to purchase two kilos of cocaine from defendant for $30,000.…

I join the majority in affirming the judgment insofar as it determines defendant’s guilt and the truth of the special circumstance allegations, but I do not join in affirming the judgment insofar as it imposes the death penalty.

*1226 Here, as in People v. Wash (1993) 6 Cal.4th 215 [ 24 Cal.Rptr.2d 421 , 861 P.2d 1107 ] (Wash), the prosecutor engaged in egregious misconduct during his argument to the jury at the penalty phase by invoking biblical authority for a verdict of death. Here, as in Wash , the failure of defendant’s trial attorney to object to this misconduct denied defendant his constitutional right to the effective assistance of counsel. Here, as in Wash , the penalty issue was close, as shown by the absence of evidence that defendant had previously committed any violent crime and by the first jury’s inability to agree on a penalty verdict. Here, as in Wash , after reviewing the record, I am unable to conclude with confidence that if defense counsel had acted effectively to prevent the prosecutor’s improper argument, the jury nonetheless would have returned a verdict finding the appropriate punishment for defendant’s crimes to be death rather than imprisonment for life…

Certiorari Denied January 13, 2003. See 123 S.Ct. 855 .

Defendant Michael Corey Slaughter was convicted, following a jury trial, of two counts of murder (Pen.Code, § 187, subd. (a)), [1] one count of attempted murder (§§ 664, 187), and one count of robbery (§ 211). With regard to the murders, the jury found true the special circumstance allegations of multiple murder and murder in the commission of a robbery. (§ 190.2, subd. (a)(3), (17).) The jury further found true the allegations that defendant personally used a firearm in the commission of the charged offenses (§ 12022.5, subd. (a)) and inflicted great bodily injury on the victim of the attempted murder (§ 12022.7, subd. (a)). The initial jury was unable to reach a verdict at the penalty phase trial, and a mistrial was declared. A second jury was selected and, following a second penalty phase trial, that jury returned a verdict of death. This appeal from the resulting judgment is automatic. (§ 1239, subd. (b).) For the reasons that follow, we affirm the judgment.

On January 24, 1990, Jeff DeRouen, Eddie Keith, and Djamal Littleton drove from Pittsburg, California, to Modesto in Keith's Mustang automobile to…