California v. Speight
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Eric Speight appealed after a jury convicted him of two counts of premeditated, willful, and deliberate attempted murder and found true various enhancements. Speight argued on appeal: (1) the prosecutor committed prejudicial misconduct when she misstated the law concerning homicide and the error was compounded by the trial court’s statements and omission of an instruction on the interaction between attempted murder and attempted voluntary manslaughter; and (2) his sentence was cruel and unusual punishment and he received ineffective assistance of counsel when defense counsel failed to object to part of his sentence. The Court of Appeal agreed that the trial court erred in instructing the jury but concluded Speight was not prejudiced. With respect to his sentencing claim, the Court concluded defense counsel’s performance was deficient regarding sentencing. The judgment was affirmed, Speight's sentence reversed, and the case remanded for a new sentencing hearing.
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