The Supreme Court today affirms the death sentence in People v. Wilson for the 1998 murder of four men during a robbery at a car wash.
The court’s unanimous opinion by Justice Mariano-Florentino Cuéllar rejects numerous appellate arguments, including that two eyewitness identifications of the defendant resulted from unduly suggestive procedures, that the preliminary hearing testimony of a witness ruled to be unavailable at trial shouldn’t have been admitted, and that there was prejudicial jury misconduct.
One issue presented what the court said was a “close” call. The defendant claimed the superior court should have instructed the jury, sua sponte, on the lesser included offense of theft. But that argument also ultimately fails.
As it has in recent death penalty opinions (e.g., here), the court summarily dismisses a challenge to the rule that juries are not required to make unanimous findings beyond a reasonable doubt on aggravating factors, despite the court’s signaling in the pending McDaniel appeal that it will reconsider the rule. (See also here, here, and here.)