George Oglesby, also known as "Gunner," provided additional testimony. He stated defendant told his brother, "You should have heard the way he sounded when I shot him." We have recently rejected the same argument in People v. Ghent (1987) 43 Cal.3d 739, 776 [239 Cal.Rptr. [18] Evidence obtained by jurors from sources other than in court is misconduct and constitutes grounds for a new trial if the defendant has been prejudiced thereby.
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In addition to the admissions testified to by Mr. Garrett, Esther Garrett said defendant told them the killers were using the money to buy "juice" (PCP) and that the killers had picked up the bullets so there would be no evidence for the police. The court reluctantly conducted a voir dire of the penalty phase foreman. Defendant also planned to kill a person on the bus who was to testify against him, as well as the two officers who would accompany the bus. I. Evidentiary Hearing to Determine Extent of Monitoring of Defendant's Jailhouse Conversations, [20] As a result of the information obtained from Oglesby regarding defendant's escape plan, the district attorney arranged to monitor defendant's conversations with visitors. 561-562; State v. McDonald (La. This wound also fractured ribs and shattered the spleen, right kidney, bowel and large vessels. In one note defendant stated that someone on the outside had obtained dynamite for him. [¶] Mr. Bramhall: It did not.
He told the jury its job was one of "choosing one of two penalties" and that if the aggravating factors outweighed the mitigating factors, "that points to death." UPDATED: Arrest made in Brookhaven hotel murder. (Cabana v. Bullock (1986) 474 U.S. 376, 390-391 [88 L.Ed.2d 704, 719-720, 106 S.Ct. John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, William R. Weisman, Herbert Wilkinson, Susanne C. Wylie, Christine C. Franklin, Michael Nash, Robert R. Anderson and Joan Comparet, Deputy Attorneys General, for Plaintiff and Respondent. Citing Deere, we reversed, based primarily on the first ground stated in Deere -- i.e., that a sentence rendered under such circumstances is "unreliable.". Counsel explained defendant had asked him: "Are those the sons-of-bitches who are going to decide what happens to me?" First, the court determined that counsel's failure to present evidence in mitigation introduced error into the penalty proceeding. 196, 690 P.2d 669].) Fitzgerald recalled a meeting on March 5 in which Oglesby asked Fitzgerald to review the record in Oglesby's murder case and see if he could help; the next meeting between the two was May 21. 3114].)
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