Blacksher

People v. Blacksher

Bad Law
130 Cal. Rptr. 3d 191·2011 Cal. LEXIS 8582·52 Cal. 4th 769·259 P.3d 370
Supreme Court of CaliforniaAugust 25, 2011S076582California33,324 words

Opinion

Opinion

Corrigan, J.

A jury found defendant Erven R. Blacksher guilty of the first degree murder of his nephew, the second degree murder of his sister, and being a felon in possession of a firearm. It also found true the firearm-use allegations and the special circumstance of multiple murder. The jury concluded defendant was sane and returned a verdict of death.

This appeal is automatic. We affirm.

I. Facts and Proceedings

A. Guilt Phase

1. Prosecution’s Case

In 1989, after the death of his father, defendant moved in with his mother, Eva Blackshgr, at her home in Berkeley. Defendant was Eva’s youngest and favorite child. She provided for him. He did no work and paid no rent. Defendant was very controlling with his mother. He demanded that his siblings not visit the home, insisting he could take care of everything on his own.

In 1990, however, as Eva grew ill, defendant’s sister, Versenia Lee, began caring for her. Versenia moved into the home with her ex-husband, Sammie, and their son, Torey. To make room for them, defendant moved into a small cottage behind the house. Defendant became jealous as Eva’s attention shifted away from him and towards Torey.

By May 1995, the relationship…

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