People v. Jackson

In 1984, defendant Michael Anthony Jackson was convicted and sentenced to death for murdering a police officer who was engaged in the performance of his duties. This court affirmed the judgment in People v. Jackson (1989) 49 Cal.3d 1170 [ 264 Cal.Rptr. 852 , 783 P.2d 211 ], but the Ninth Circuit Court of Appeals set aside the penalty verdict and death sentence, finding defendant had received ineffective assistance of counsel. (Jackson v. Calderon (9th Cir. 2000) 211 F.3d 1148 .) Following a penalty phase retrial, a judgment of death again was imposed on September 20, 2002. This appeal is automatic. (Cal. Const., art. VI, § 11; Pen. Code, § 1239, subd. (b).) As explained below, we affirm the judgment.

I. Facts

A. Prosecution Evidence

Shortly after noon on August 31, 1983, West Covina Police Officer Ken Wrede radioed that he had been told by a citizen of an intoxicated person in the area and would “be checking.” A few minutes later, Edward Butler, who was working in the area, noticed defendant walking toward the comer of Glenview Road and Francisquito Avenue. Defendant was walking “kinda crooked.” Officer Wrede arrived, made a U-tum, and pulled to the curb at an angle.…