People v. Elliott
53 Cal. 4th 535
| Cal. | 2012Background
- Defendant Marchand Elliott appeals after a jury convicted him of first-degree murder with a robbery-murder special circumstance, robbery, and assault with a deadly weapon; the same jury later sentenced him to death.
- Two separate armored-car robberies are at issue: Boys Market in Inglewood (Oct. 31, 1988) and Lucky Supermarket in Bellflower (Dec. 15, 1988), during which a guard was killed in the latter and wounded in another incident.
- Evidence included eyewitness identifications, fingerprints on the getaway van, and an autopsy showing Rooney died of a gunshot wound to the head.
- Defense presented alibi and eyewitness-identification challenges; severance of the two bankrobbery-related offenses was denied; joinder was permitted under 954.
- Penalty-phase evidence included prior armed-robbery incidents and defense mitigation about Elliott’s background and character; the court admitted some prior-crime evidence and expert testimony on eyewitness identification; the defense challenged, but the court allowed, certain exhibits and cross-examination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was joinder of the two market robberies proper? | People | Elliott | Yes; joinder allowed; no reversible prejudice shown. |
| Were Batson/Wheeler challenges to peremptory strikes properly resolved? | People | Elliott | Yes; prosecution's reasons for strikes were race-neutral and supported by the record. |
| Were costs-of-punishment remarks and related voir dire forfeited or properly reviewed? | People | Elliott | Claims forfeited by lack of objection; merits rejected if reached. |
| Was victim-impact argument and related instruction proper at penalty? | People | Elliott | Proper under Payne/Edwards lineage; allowed to discuss impact and include corresponding instruction. |
Key Cases Cited
- People v. Cook, 39 Cal.4th 566 (2006) (joinder and severance factors guidance in capital cases)
- People v. Mendoza, 24 Cal.4th 130 (2000) (prejudice standard for severance and joinder in multi-offense cases)
- Batson v. Kentucky, 476 U.S. 79 (1986) (prohibition on racial discrimination in peremptory challenges)
- People v. Lewis, 43 Cal.4th 415 (2008) ( Batson review and non-unanimity of aggravating facts; sentencing discretion guidance)
- Romano v. Oklahoma, 512 U.S. 1 (1994) ( Caldwell error standard; juror responsibility and safeguards in sentencing)