Padayao

Appellant Benjamin Padayao was convicted of the torture murder of a victim, and was sentenced to life without possibility of parole. He contends: (1) The trial court’s rulings on the proper scope of cross-examination violated his constitutional rights to cross-examine four witnesses, and to present a defense to the charges; (2) there was insufficient evidence to support the jury’s finding of the applicability of the lying-in-wait special circumstance; (3) the trial court erred when it allowed the prosecution to present evidence that the motive for the crime was related to the victim’s opposition to appellant’s drug dealing, and that appellant provided drugs to his fellow murderers in order to obtain their cooperation in the murder; (4) the trial court should have barred evidence of a remark by appellant which indicated he wished to perpetrate another, uncharged murder; (5) the trial court erred in admitting evidence concerning the sadistic message written on the shirt appellant was wearing when he was arrested; (6) the jury instructions on diminished capacity were erroneous; and (7) the trial court should not have admitted into evidence certain grisly photographs showing…