[DOWNLOAD] "People V. Frierson" by Supreme Court Of California " Book PDF Kindle ePub Free
eBook details
- Title: People V. Frierson
- Author : Supreme Court Of California
- Release Date : January 19, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Defendant Lavell Frierson appeals from a judgment imposing the death penalty following his conviction of first degree murder with special circumstances and other offenses. In People v. Frierson (1979) 25 Cal. 3d 142 [158 Cal. Rptr. 281, 599 P.2d 587] (Frierson I), we reversed defendant's conviction of these same offenses at an earlier trial on the ground that defense counsel at that trial had provided constitutionally inadequate representation by failing properly to investigate or present a diminished capacity defense. On remand, defendant requested his new appointed counsel to present evidence of his diminished capacity as a defense at the guilt/special circumstances phase of the trial, but counsel declined to do so, apparently believing that it was wiser to withhold such evidence until the penalty phase. When the conflict between defendant and his attorney was brought to the trial court's attention, the court ruled that the decision whether to present a defense was for counsel, not defendant, to make. On this appeal, defendant claims, inter alia, that the court erred in concluding that defense counsel had the authority to refuse, over defendant's express objection, to present any defense to the charged special circumstances. We conclude that, under the facts of this case, the claim is well-founded and requires reversal of the special circumstance findings and penalty judgment. At the same time, we affirm defendant's convictions of first degree murder and the other substantive offenses and enhancements.