People v. Livingston
53 Cal. 4th 1181
| Cal. | 2012Background
- Two separate murder/attempted murder incidents: Oct. 8, 1998 drive-by killing of Emmanuel Nunley and Jan. 3, 1999 killings of Paz and Malinao with two other guards shot.
- Defendant, the White member of the Park Village Crips, owned the Cadillac used in the Oct. 1998 shooting and was in the front passenger seat that night.
- Perry identified defendant as the gunman; Chavers and Bombarda (security guards) identified defendant and linked the Cadillac to the crime.
- A gun-related homicide trial preceded a penalty phase that resulted in a death verdict; the court stayed punishment for other counts under section 654.
- Evidence tied defendant to the Crips through tattoos and gang activity; the guard shack killings occurred at the New Wilmington Arms apartment complex, a Crips territory.
- Trial included admission of a videotaped Walker interview (Walker unavailable) and multiple eyewitness identifications, with various defenses presented by defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Walker videotaped statement | Walker identification supported by other evidence. | Tape was testimonial and violated confrontation rights. | Harmless error; witness identifications sufficed. |
| Confrontation issues with Captain Wright testimony | Identifications were properly admissible. | Objection issues; potential confrontation violation. | Harmless; no prejudice. |
| Nonhearsay use of Perry's statement about 'Goldie' | Used to explain Perry's conduct, not to prove truth. | Potential prejudice from reference to 'Goldie'. | Harmless; proper nonhearsay purpose; no due process violation. |
| Sufficiency of jury instructions on circumstantial/direct evidence and motive | Instructions adequately conveyed reasonable-doubt standard. | Italicized language not repeated; risk of misinterpretation. | Correct; instructions collectively supported beyond-reasonable-doubt standard. |
| Sufficiency/validity of gang-enhancement and lying-in-wait findings | Evidence showed crime for the Park Village Crips; two shootings were gang-related; lying-in-wait satisfied Domino analysis. | Gaps in linkage or Domino rule argued; challenge to as-applied statute. | Sustained; gang enhancements and lying-in-wait findings supported. |
Key Cases Cited
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (confrontation clause applies to testimonial statements)
- Davis v. Washington, 547 U.S. 813 (U.S. 2006) (testimonial vs. nontestimonial statements distinction)
- People v. Cage, 40 Cal.4th 965 (Cal. 2007) (confrontation and hearsay considerations in police-interview evidence)
- People v. Loy, 52 Cal.4th 46 (Cal. 2011) (harmless-error and general confrontation principles in appellate review)
- People v. Snow, 30 Cal.4th 43 (Cal. 2003) (instructional correctness and reasonable-doubt standards in penalty phase)