What evidence supports a jury finding that defendant murdered Ly because he wanted to eliminate him as a witness to the attempted robbery?

California, United States of America


The following excerpt is from People v. LINDBERG, 190 P.3d 664, 45 Cal.4th 1, 82 Cal.Rptr.3d 323 (Cal. 2009):

Ly's race or country of origin was a substantial factor motivating the killing, within the meaning of section 190.2, subdivision (a)(16). (See In re M.S., supra, 10 Cal.4th at p. 719, 42 Cal.Rptr.2d 355, 896 P.2d 1365; see also People v. Sassounian, supra, 182 Cal.App.3d at p. 408, 226 Cal.Rptr. 880.) That the evidence also supports the jury's additional finding that defendant murdered Ly because he wanted to eliminate him as a witness to the attempted robbery (see pt. II.B, ante ) does not invalidate the hate-murder special circumstance. (See In re Sassounian, supra, 9 Cal.4th at p. 549 & fn. 11, 37 Cal.Rptr.2d 446, 887 P.2d 527.)

Accordingly, we conclude substantial evidence supports the jury's hate-murder special-circumstance finding.

E. Expert Testimony on the Subject of White Supremacy

Other Questions


Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
What is the evidence supporting the finding that there is insufficient evidence to support the findings of the trial court? (California, United States of America)
Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder? (California, United States of America)
Is there insufficient evidence to support a defendant's claim that he committed the murders and attempted murder in a premeditated manner? (California, United States of America)
Is there substantial evidence supporting the jury's finding that defendant committed first degree attempted murder? (California, United States of America)
Is the evidence insufficient to support a defendant's convictions for conspiracy to commit murder, attempted murder or street terrorism? (California, United States of America)
Does the Defendant have any evidence to support his convictions for murder and attempted murder? (California, United States of America)
What is the evidence that supports the argument that the evidence supports the proposition that there is no evidence supporting the claim? (California, United States of America)
If evidence supports the special-circumstance finding of lying in wait, does that necessarily support the first degree murder verdict based on the theory of lying-in-wait? (California, United States of America)
Is there an exception in the law where a defendant who repeatedly hits an elderly man on the head with a two-by-four while carrying out a robbery can be punished as attempted murder and/or robbery? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.