What is the test for reversal of a finding of guilty in the guilt phase of a murder trial?
California, United States of America
The following excerpt is from People v. Gutierrez, 124 Cal.Rptr.2d 373, 28 Cal.4th 1083, 52 P.3d 572 (Cal. 2002):
[124 Cal.Rptr.2d 423]
We find the evidence plainly established that defendant intentionally murdered Stopher under circumstances that included a concealment of purpose, a substantial period of watching and waiting for an opportune time to act, and, immediately thereafter, a surprise attack on his unsuspecting victims from a position of advantage. (People v. Morales, supra, 48 Cal.3d at p. 557, 257 Cal.Rptr. 64, 770 P.2d 244.)[124 Cal.Rptr.2d 423]
Defendant contends that even if we find no individual error in the guilt phase to have been prejudicial, the cumulative effect of all the errors he has identified requires reversal. (See, e.g., People v. Hill, supra, 17 Cal.4th at pp. 844-845, 72 Cal.Rptr.2d 656, 952 P.2d 673.) Having found no prejudicial error at the guilt phase, there is no cumulative prejudice to assess.
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