California, United States of America
The following excerpt is from People v. Wilson, 114 P.3d 758, 30 Cal.Rptr.3d 513, 36 Cal.4th 309 (Cal. 2005):
Intercase proportionality review is not required. (People v. Griffin, supra, 33 Cal.4th at p. 596, 15 Cal.Rptr.3d 743, 93 P.3d 344.) Moreover, under intra case review, defendant's death sentence is not disproportionate to his individual culpability and moral guilt. (See People v. Steele (2002) 27 Cal.4th 1230, 1269, 120 Cal.Rptr.2d 432, 47 P.3d 225.) Defendant robbed and murdered Swader, who trusted defendant by employing him and allowing him to live in his home for a period of time. Defendant shot Swader twice in the head while he was asleep in order to take his money. Later, while in custody, defendant solicited the murder of a key prosecution witness who could place defendant and Swader together before the crimes. Moreover, contrary to defendant's suggestion, the alleged greater culpability of another person is irrelevant for purposes of intracase proportionality review. (See People v. Beardslee (1991) 53 Cal.3d 68, 111-112, 279 Cal.Rptr. 276, 806 P.2d 1311.)
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