The Supreme Court today affirms the conviction, but reverses the death penalty and one special circumstance finding in People v. Nelson. The court is unanimous in reversing the death penalty, but splits 5-2 regarding the special circumstance finding.
The court’s opinion by Justice Goodwin Liu concludes that the trial court improperly inquired into the jury’s penalty phase deliberations in a way that was “unique and egregious,” and then dismissed a juror, after the jurors reported they were deadlocked.
Justice Carol Corrigan, joined by Justice Ming Chin, dissents from the reversal of one of the special circumstance findings.