California, United States of America
The following excerpt is from In re Andrews, 124 Cal.Rptr.2d 473, 28 Cal.4th 1234, 52 P.3d 656 (Cal. 2002):
This evidence included shooting at the fleeing taxi driver robbery victim without provocation after just committing the robbery murder with Freddie Square, holding a gun to a young woman's head, threatening to shoot a police officer, and stabbing other inmates. The prosecutor also could have argued this pattern of criminality substantially accomplished prior to petitioner's incarceration in prisondemonstrated his violence was a matter of predisposition rather than circumstance and would pose a danger to others if he were sentenced to life imprisonment. (Cf. People v. Millwee (1998) 18 Cal.4th 96, 151-152, 74 Cal.Rptr.2d 418, 954 P.2d 990.) Additionally, evidence of prison conditions could have led to the jury's learning of petitioner's second escape from custody. Although counsel stressed that the California facility in which petitioner would serve his life sentence was more secure than the Alabama institutions of the 1960's and 1970's, multiple inflammatory references to "escape" could have created a danger defense counsel reasonably sought to avoid.
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