Is it reasonable for a defendant to seek to avoid the death penalty by pleading guilty to two counts of second degree murder and one count of involuntary manslaughter?

California, United States of America


The following excerpt is from People v. Rush, B249671 (Cal. App. 2014):

were murdered and he entered the residence with the intent to steal money," appellate court concluded his trial counsel was not "ineffective for candidly admitting defendant's guilt" on burglary and felony murder charges "while vigorously arguing against defendant's guilt of the special circumstances"], and People v. Mayfield (1993) 5 Cal.4th 142, 177 ["It was not unreasonable to seek to avoid the death penalty by seeking a conviction on one count of second degree murder and one count of involuntary manslaughter on a plausible theory, when the prosecution's evidence put defendant at grave risk of two first degree murder convictions"].)

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