The Supreme Court today affirms the death penalty in People v. Rivera for the 2004 fatal shooting of a Merced police officer by the defendant, who was fleeing a parole search. The court’s unanimous 55-page opinion by Justice Goodwin Liu rejects numerous appellate arguments, including that the evidence was insufficient to support a finding of premeditated murder. The only relief afforded the defendant is the reduction of two fines.
The court does find prosecutorial misconduct and also two errors in instructing the jury, but concludes the misconduct and the errors were not prejudicial. It also is “skeptical” about the superior court’s admission of uncharged crimes evidence, but holds the lack of an objection forfeited his appellate argument on that ground.