When will a defendant's claim that he has been treated differently than other defendants charged with multiple-murder special circumstance?

California, United States of America


The following excerpt is from People v. Ward, 114 P.3d 717, 30 Cal.Rptr.3d 464, 36 Cal.4th 186 (Cal. 2005):

Defendant contends, nevertheless, that we must subject the death-eligible classifications to strict scrutiny in light of certain language in People v. Olivas (1976) 17 Cal.3d 236, 131 Cal.Rptr. 55, 551 P.2d 375. As an initial matter, we question whether defendant has adequately identified a group of which he is a member that has been treated differently than a similarly situated group. Defendant is similarly situated to other defendants charged with a multiple-murder special circumstance and has received the same treatment as those defendants at each stage of the proceedings.

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