Hensley

A jury convicted defendant Paul Loyde Hensley of the first degree murder and robbery of Larry Shockley, the burglary of his home, and the theft of his car; the first degree murder and robbery of Gregory Renouf and the burglary of his home; the attempted murder and robbery of Stacy Copeland; the robbery of Scott Roolcer; and escape from county jail. As to both murders, the jury found true special circumstance allegations of robbery murder and multiple murder. The jury also found that defendant used a firearm in the commission of every offense except the burglary and escape charges, and that he inflicted great bodily injury during the Copeland crimes. The jury was unable to reach a penalty verdict, and the trial court declared a mistrial. This appeal is automatic following the second jury’s verdict of death. We reverse the death judgment due to prejudicial juror misconduct (see post, pt. II.C.L), and remand for retrial of the penalty phase and resentencing on all counts. The judgment is affirmed in all other respects.

I. Factual Background

A. Guilt Phase

1. Prosecution evidence

On the evening of October 15, 1992, defendant robbed Scott Rooker, the cashier at an ice…