Brown

Certiorari Denied February 22, 2005. See 125 S.Ct. 1297 .

A jury convicted defendant John George Brown, Jr., of first degree murder, found true the special circumstance allegation of intentionally killing a peace officer engaged in the performance of his duties, and returned a verdict of death. On automatic appeal, this court affirmed the judgment in its entirety. ( People v. Brown (1988) 46 Cal.3d 432 , 250 Cal.Rptr. 604 , 758 P.2d 1135 ( Brown I ).) On petition for writ of habeas corpus, however, we found Brady error ( Brady v. Maryland (1963) 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 ) in the prosecution's failure to disclose that the result of a radioactive immunoassay of a blood sample taken from defendant shortly after the crimes was positive for phencyclidine. ( In re Brown (1998) 17 Cal.4th 873 , 72 Cal.Rptr.2d 698 , 952 P.2d 715 .)

On retrial, a jury again convicted defendant of first degree murder and found true the special circumstance allegation. (See Pen.Code, § 190.2, subd. (a)(7); all undesignated statutory references are to the Penal Code.) [1] The second jury also returned a death verdict. This appeal is automatic. (Cal. Const., art. VI, § 11;…