Does voir dire give a defendant a better chance of obtaining a more favourable result than a jury in a second-degree murder trial?

California, United States of America


The following excerpt is from People v. Martinez, D075929 (Cal. App. 2019):

Based on the foregoing evidence, and recognizing that the jury acquitted defendant of premediated murder and convicted him of the lesser included offense of second degree murder, we conclude it is not reasonably probable defendant would have obtained a more favorable result had voir dire proceeded differently. (See People v. Watson (1956) 46 Cal.2d 818, 836 (Watson).)7 We thus find that, even if the court erred in failing to give some sort of curative instruction, it was harmless in light of the overwhelming evidence of defendant's guilt.

Page 31

A. Invited Error/Forfeiture

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