California Criminal Lawyer Blog

LINGERING DOUBT AND EVIDENCE THAT THE DEFENDANT WAS NOT THE SHOOTER

The California Supreme Court previously reversed this death case solely on penalty.

At the retrial, the trial judge took the position that since the jury had found the defendant guilty and found a personal use of a firearm true, the jury had found that the defendant must have been the shooter. The retrial judge thus barred any evidence that the defendant wasn't the shooter, even though the defense had lots of evidence that the former co-defendant was
the actual shooter.

The California Supreme Court reversed. They restate the principle of lingering doubt and hold that the defense has the right to present evidence casting doubt on the defendant's role. There is a concurring opinion saying that a case to the contrary has been effectively overruled.

People v. Gay; 2008 DJ DAR 3805; DJ, 3/21/08; Cal. Supremes