People v. Howard
51 Cal. 4th 15
Cal.2010Background
- Demetrius Howard was convicted of first degree murder with a special circumstance for killing Sherry Collins during an attempted robbery, and was sentenced to death.
- Witnesses and physical evidence linked Howard to the crime: a gun found near the scene, his clothing fibers on the victim's shoes, and eyewitness identifications placing him in the area the night of the murder.
- Funches, Howard’s accomplice, fired the shot that killed Collins and wounded Officer Block; Torres testified about Howard’s involvement in planning a robbery.
- Howard presented a defense denying possession of a gun and involvement in the robbery; Roxanne Winn and other defense witnesses supplied alibi-style or exculpatory testimony.
- The defense challenged pretrial and trial procedures (stun belt issue, evidentiary rulings, jury instructions) and later sought a new trial based on newly discovered evidence from co-defendant Funches’ case.
- The trial court admitted the handgun, autopsy photograph, and identity-related instructions, and rejected the new-trial motion and competency concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of death-qualification | Howard argues death-qualification biases juries against him. | Howard contends death qualification violates constitutional rights. | Not unconstitutional; waiver and established California law uphold process. |
| Stun belt requirement and prejudice | Stun belt evidence violated due process and Mar standards. | Stun belt records show prejudice and improper use. | No prejudicial impact established; record insufficient to show manifest need or harm. |
| Admission of handgun found in ivy | Gun lacked proper foundation tying to Howard; evidence should be excluded. | Torrence’s identification and timing suffice; 352 prejudice concerns. | Admissible; foundation and relevance properly established; not unduly prejudicial. |
| Autopsy photograph admissibility | Photograph was unnecessarily inflammatory. | Photograph should be excluded to avoid prejudice. | Admissible; not unduly gruesome; probative value outweighed prejudice. |
| Sufficiency of evidence for felony murder | Evidence shows Howard participated in attempted robbery leading to murder. | Evidence insufficient to prove the attempted robbery or Howard’s role. | Sufficient substantial evidence; circumstantial evidence supports verdict. |
Key Cases Cited
- Lockhart v. McCree, 476 U.S. 162 (U.S. Supreme Court, 1986) (death qualification constitutional; cross-cutting in capital cases)
- People v. Taylor, 48 Cal.4th 574 (Cal. 2010) (death qualification and jury composition)
- People v. Mills, 48 Cal.4th 158 (Cal. 2010) (death qualification; impacts on juror composition)
- People v. Benavides, 35 Cal.4th 69 (Cal. 2005) (relevance and admissibility standards; 210, 350)
- People v. Heard, 31 Cal.4th 946 (Cal. 2003) (photographic evidence; relevance and prejudice balancing)
- People v. Doolin, 45 Cal.4th 390 (Cal. 2009) (photographs; prejudice and probative value; standard of review)
- People v. Mar, 28 Cal.4th 1201 (Cal. 2002) (stun belt procedures; Mar decision on prejudice and necessity)
- People v. Cruz, 44 Cal.4th 636 (Cal. 2008) (reasonable doubt standard; penalty phase considerations)
- People v. Frye, 18 Cal.4th 894 (Cal. 1998) (admission of admissions and cautionary instructions)
- People v. Geier, 41 Cal.4th 555 (Cal. 2007) (penalty-phase weighing; aggravating vs mitigating factors)