Young

This is an automatic appeal (Pen. Code, § 1239, subd. (b)) 1 from a judgment of death under the 1978 death penalty law. Following a jury trial, defendant Robert Young was convicted of the first degree murder of Terry Rivers (§ 187, subd. (a), count 1); the robbery (§ 211, count 2) and attempted murder (§§ 187, 664, count 3) of Manzine Miller; the attempted robbery of Melva Fite (§§ 211, 664, count 4); the first degree murder of Glen Frazier (§ 187, subd. (a), count 5); the attempted murder of Luther Thomas (§§ 187, 664, count 6); the robbery of Gerald Livingston (§ 211, count 7); and the first degree murder of Sylvester Davis (§ 187, subd. (a), count 8). The jury also found true the robbery-murder special-circumstance allegations as to counts 1 and 5 (§ 190.2, former subd. (a)(17)(i), now subd. (a)(17)(A)); the multiple-murder special-circumstance allegation (§ 190.2, subd. (a)(3)); the personal use of a firearm allegation as to all counts (§§ 1203.06, 12202.5); and the great bodily injury allegations as to counts 2 and 3 (§§ 1203.075, 12022.7). The jury further found the robbery-murder special-circumstance (§ 190.2, former subd. (a)(17)(i), now subd. (a)(17)(A)) and…

I write to highlight a doubt I have about our holding in People v. Motion (1985) 39 Cal.3d 596 [ 217 Cal.Rptr. 416 , 704 P.2d 176 ] (Motion). In Motion , at page 605, we held that for purposes of a Wheeler analysis, Black women constitute a “cognizable group.” (See People v. Wheeler (1978) 22 Cal.3d 258, 280 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ] (Wheeler); see also Batson v. Kentucky (1986) 476 U.S. 79, 96 [ 90 L.Ed.2d 69 , 106 S.Ct. 1712 ] (Batson).) We have reaffirmed that holding several times in dictum (People v. Cleveland (2004) 32 Cal.4th 704, 734 [ 11 Cal.Rptr.3d 236 , 86 P.3d 302 ]; People v. Boyette (2002) 29 Cal.4th 381, 422 [ 127 Cal.Rptr.2d 544 , 58 P.3d 391 ]; People v. Garceau (1993) 6 Cal.4th 140, 171 [ 24 Cal.Rptr.2d 664 , 862 P.2d 664 ]; People v. Clair (1992) 2 Cal.4th 629, 652 [ 7 Cal.Rptr.2d 564 , 828 P.2d 705 ]), and relying heavily on Motion, the Court of Appeal has held that Black men also constitute a cognizable group. (People v. Gray (2001) 87 Cal.App.4th 781 , 790 [ 104 Cal.Rptr.2d 848 ]; but see United States v. Dennis (11th Cir. 1986) 804 F.2d 1208, 1210 [rejecting Batson claim for failure to show “that black males . . . have been singled out for…

Certiorari Denied October 3, 2005. See 126 S.Ct. 57 .

This is an automatic appeal (Pen. Code, § 1239, subd. (b)) [1] from a judgment of death under the 1978 death penalty law. Following a jury trial, defendant Robert Young was convicted of the first degree murder of Terry Rivers (§ 187, subd. (a), count 1); the robbery (§ 211, count 2) and attempted murder (§§ 187, 664, count 3) of Manzine Miller; the attempted robbery of Melva Fite (§§ 211, 664, count 4); the first degree murder of Glen Frazier (§ 187, subd. (a), count 5); the attempted murder of Luther Thomas (§§ 187, 664, count 6); the robbery of Gerald Livingston (§ 211, count 7); and the first degree murder of Sylvester Davis (§ 187, subd. (a), count 8). The jury also found true the robbery-murder special-circumstance allegations as to counts 1 and 5 (§ 190.2, former subd. (a)(17)(i), now subd. (a)(17)(A)); the multiple-murder special-circumstance allegation (§ 109.2, subd. (a)(3)); the personal use of a firearm allegation as to all counts (§§ 1203.06, 12202.5); and the great bodily injury allegations as to counts 2 and 3 (§§ 1203.075, 12022.7). The jury further found the robbery-murder special-circumstance (§…