People v. FuiavaAnnotate this Case
Defendant was convicted of the first degree murder of a Los Angeles County Deputy Sheriff and the premeditated attempted murder of the deputy sheriff's partner. The jury found true the special circumstance allegations that the murder of the deputy sheriff was committed for the purpose of avoiding and preventing a lawful arrest and that the deputy sheriff was a peace officer engaged in the performance of his duties when defendant knowingly and intentionally killed him. The jury also found true the allegations that defendant personally used a firearm in the murder and attempted murder, previously had been convicted of a serious felony, and had served two prior prison terms. Defendant was sentenced to death and this appeal was automatic. The court affirmed the judgment after addressing issues related to the denial of a motion for discovery of law enforcement officers' personnel files; the denial of a motion to continue the trial; asserted errors during voir dire; guilt phase challenges; penalty phase challenges; assertedly improper denial of motion for new trial based upon insufficiency of the evidence; assertedly improper role of race in the proceedings; asserted denial of an impartial judge; challenges to the constitutionality of California's death penalty statutes; and cumulative prejudicial effects of asserted errors.