California, United States of America
The following excerpt is from People v. LINDBERG, 190 P.3d 664, 45 Cal.4th 1, 82 Cal.Rptr.3d 323 (Cal. 2009):
Ly's race or country of origin was a substantial factor motivating the killing, within the meaning of section 190.2, subdivision (a)(16). (See In re M.S., supra, 10 Cal.4th at p. 719, 42 Cal.Rptr.2d 355, 896 P.2d 1365; see also People v. Sassounian, supra, 182 Cal.App.3d at p. 408, 226 Cal.Rptr. 880.) That the evidence also supports the jury's additional finding that defendant murdered Ly because he wanted to eliminate him as a witness to the attempted robbery (see pt. II.B, ante ) does not invalidate the hate-murder special circumstance. (See In re Sassounian, supra, 9 Cal.4th at p. 549 & fn. 11, 37 Cal.Rptr.2d 446, 887 P.2d 527.)
Accordingly, we conclude substantial evidence supports the jury's hate-murder special-circumstance finding.
E. Expert Testimony on the Subject of White Supremacy
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