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Name: People v. Boyette
Case #: S032736
Court: CA Supreme Court
District CalSup
Opinion Date: 12/02/2002
Subsequent History: 2/11/03 opn. modified without chg. in judgment; rehrg. den. 2/11/03

Conviction and penalty affirmed in a capital case. Guilt phase issues addressed include a challenge to appellant’s confession on both Miranda and coercion grounds; improper cross examination of the defendant at his suppression hearing; Wheeler error and improper challenges to a juror for cause; the admission of pictures of the victims; restriction on defense evidence; failure to answer a juror’s question; prosecutorial misconduct including expressing personal belief in the credibility of the witnesses, misstating the law and facts, inflaming the jury, and encouraging holdout jurors to capitulate to the majority; consciousness of guilt instructions, and the validity of the special circumstance.