AMA Commentary

---

This chart lists the 27 death penalty cases that were originally tried under the 1977 death penalty statute, and subsequently reviewed with finality on automatic appeal by the California Supreme Court. Also included is a breakdown of how individual justices and the court voted on the guilt, special circumstances, and penalty phase of each case, and the current status of each defendant and/or case.

Automatic Appeals Under
the 1977 Death Penalty Law

		Current Status
1.	People v. Teron (January 1979) Conviction affirmed: Unanimous Special circumstances reversed: 6-1 Lead opinion: Tobriner Concurring: Bird, Manuel, Mosk, Newman, Richardson Dissenting: Clark	Life in prison
2.	People v. Frierson (August 1979) Conviction affirmed: Unanimous Lead opinion: Richardson Concurring: Bird, Clark, Manuel, Mosk, Newman, Tobriner	Retrial pending
3.	People v. Velasquez (February 1980) Conviction affirmed: Unanimous Special Circumstances affirmed: Unanimous Penalty overturned: 4-3 Lead opinion: Tobriner Concurring: Bird, Mosk, Newman Dissenting: Clark, Manuel, Richardson	Life in prison without possibility of parole
4.	People v. Lanphear (April 1980) Conviction affirmed: Unanimous Special Circumstances affirmed: Unanimous Penalty overturned: 6-1 Lead opinion: Manuel Concurring: Bird, Mosk, Newman, Richardson, Tobriner Dissenting: Clark	Life in prison without possibility of parole
5.	People v. Green (April 1980) Conviction affirmed: Unanimous Special Circumstances reversed: 4-3 Lead opinion: Mosk Concurring: Bird, Newman, Tobriner Dissenting: Clark, Manuel, Richardson	Life in prison
6.	People v. Thompson (June 1980) Conviction affirmed: Unanimous Special Circumstances reversed: Unanimous Lead opinion: Bird Concurring: Mosk, Newman, Tobriner, Clark, Manuel, Richardson	Life in prison
7.	People v. Jackson (October 1980) Conviction affirmed: 5-2 Special Circumstances affirmed: 4-3 Penalty affirmed: 4-3 Lead opinion: Richardson Concurring (on conviction): Clark, Manuel, Newman, Mosk Dissenting (on conviction): Bird, Tobriner Dissenting (on special circumstances and penalty): Bird, Mosk, Tobriner	Death row
8.	People v. Chudd (January 1981) Conviction reversed: 4-2 Lead opinion: Mosk Concurring: Bird, Newman, Tobriner Dissenting: Clark, Richardson	Life in prison without parole
9.	People v. Harris (February 1981) Conviction affirmed: 4-2 Special Circumstances affirmed: 4-2 Penalty affirmed: 4-2 Lead opinion: Clark Concurring: Newman, Richardson, Tobriner Dissenting: Bird, Mosk	Death row
10.	People v. Murtishaw (July 1981) Conviction affirmed: Unanimous Special Circumstances affirmed: Unanimous Penalty overturned: 6-1 Lead opinion: Tobriner Concurring: Bird, Grodin, Mosk, Newman, Reynoso Dissenting: Richardson	Death sentence reinstated at retrial; automatic appeal to California Supreme Court pending
11.	People v. Haskett (February 1982) Conviction affirmed: Unanimous Special Circumstances affirmed: Unanimous Penalty overturned: 6-1 Lead opinion: Mosk Concurring: Bird, Broussard, Kaus, Newman, Tobriner Dissenting: Richardson	Death sentence reinstated at retrial; automatic appeal pending
12.	People v. Hogan (July 1982) Conviction reversed: 4-2 Lead opinion: Bird Concurring: Broussard, Kaus, Newman Dissenting: Mosk, Richardson	Life in prison without parole
13.	People v. Stankewitz (August 1982) Conviction reversed: 4-2 Lead opinion: Bird Concurring: Broussard, Kaus, Mosk Dissenting: Newman, Richardson	Death sentence reinstated at retrial; automatic appeal pending
14.	People v. Arega (September 1982) Conviction reversed: 5-2 Lead opinion: Bird Concurring: Broussard, Kaus, Newman, Reynoso Dissenting: Mosk, Richardson	Life in prison without parole
15.	People v. Gzikowski (October 1982) Conviction reversed: Unanimous Lead opinion: Newman Concurring: Bird, Broussard, Kaus, Mosk, Reynoso, Richardson	Life in prison
16.	People v. Robertson (December 1982) Conviction affirmed: Unanimous Special circumstances affirmed: Unanimous Penalty reversed: 4-3 Lead opinion: Kaus Concurring: Bird, Broussard, Newman Dissenting: Mosk, Reynoso, Richardson	Death sentence reinstated at retrial; automatic appeal pending
17.	People v. Easley (November 1983) Conviction affirmed: Unanimous Special circumstances affirmed: Unanimous Penalty reversed: 6-1 Lead opinion: Kaus Concurring: Bird, Broussard, Grodin, Mosk, Reynoso Dissenting: Richardson	Death sentence reinstated at retrial; automatic appeal pending
18.	People v. Mroczko (December 1983) Conviction reversed: Unanimous Lead opinion: Kaus Concurring: Bird, Broussard, Grodin, Mosk, Reynoso, Richardson	Life in prison
19.	People v. Fields (December 1983) Conviction affirmed: 4-2 Special circumstances affirmed: 4-2 Penalty affirmed: 4-2 Lead opinion: Broussard Concurring: Kaus, Mosk, Richardson Dissenting: Bird, Reynoso	Death row
20.	People v. L. Harris (April 1984) Conviction reversed: 4-2 Lead opinion: Broussard Concurring: Bird, Grodin, Reynoso Dissenting: Mosk, Richardson, (Kaus would reverse only the penalty)	Life in prison without parole
21.	People v. Lanphear (April 1984) Conviction previously affirmed Special circumstances previously affirmed Conviction reversed: 5-1 Lead opinion: Grodin Concurring: Bird, Broussard, Kaus, Reynoso Dissenting: Mosk	Life in prison without parole
22.	People v. L. Mattson (Octomber 1984) Conviction reversed: 4-2 Lead opinion: Mosk Concurring: Bird, Broussard, Reynoso Dissenting: Grodin, Kaus	Death sentence reinstated at retrial; automatic appeal pending
23.	People v. Memro (June 1985) Conviction reversed: 4-3 Lead opinion: Bird Concurring: Broussard, Mosk, Reynoso Dissenting: Grodin, Kaus, Lucas	Retrial pending
24.	People v. Frank (June 1985) Conviction affirmed: Unanimous Special circumstances affirmed: Unanimous Penalty reversed: 4-2 Lead opinion: Mosk Concurring: Bird, Broussard, Reynoso Dissenting: Grodin, Kaus	Retrial pending
25.	People v. Frierson (November 1985) Conviction affirmed: Unanimous Special circumstances reversed: 4-2 Lead opinion: Kaus Concurring: Bird, Broussard, Reynoso Dissenting: Grodin, Mosk	Retrial pending
26.	People v. Croy (December 1985) Conviction reversed: 5-2 Lead opinion: Grodin Concurring: Bird, Broussard, Kaus, Reynoso Dissenting: Lucas, Mosk	Retrial pending
27.	People v. Phillips (December 1985) Conviction affirmed: Unanimous Special circumstances affirmed: Unanimous Penalty reversed: 4-2 Lead opinion: Reynoso Concurring: Bird, Broussard, Kaus Dissenting: Feinerman, Mosk	Retrial pending

 

 

Automatic Appeals Under the 1978 Briggs Initiative

AMA Commentary

---

This chart lists the 31 death penalty cases (#28 through #58) that were originally tried under the 1978 death penalty law, and subsequently reviewed on automatic appeal by the California Supreme Court. (The final three cases -- #56, #57, and #58 -- are scheduled for rehearings in the California Supreme Court, and the United States Supreme Court has accepted People v. Brown -- #44 -- for review in early 1987.) Also included is a breakdown of how individual justices and the court voted on the guilt, special circumstances, and penalty phase of each case, and the current status of each defendant and/or case.

		Current Status
28.	People v. Ramos (January 1982) Conviction affirmed: Unanimous Special circumstances affirmed: Unanimous Penalty overturned: 6-1 Lead opinion: Tobriner Concurring: Bird, Broussard, Kaus, Mosk, Newman Dissenting: Richardson	Retrial pending
29.	People v. Mozingo (November 1983) Conviction reversed: Unanimous Lead opinion: Richardson Concurring: Bird, Broussard, Grodin, Kaus, Mosk, Reynoso	Retrial pending
30.	People v. Joseph (November 1983) Conviction reversed: Unanimous Lead opinion: Bird Concurring: Broussard, Grodin, Kaus, Mosk, Reynoso, Richardson	25 years to life in prison
31.	People v. Alcala (August 1984) Conviction reversed: 5-1 Lead opinion: Grodin Concurring: Bird, Broussard, Kaus, Reynoso Dissenting: Mosk	Death sentence reinstated at retrial; automatic appeal pending
32.	People v. Whitt (August 1984) Conviction reversed: Unanimous Lead opinion: Richardson Concurring: Bird, Broussard, Grodin, Kaus, Mosk, Reynoso	Retrial pending
33.	People v. McDonald (November 1984) Conviction reversed: Unanimous Lead opinion: Mosk Concurring: Bird, Broussard, Grodin, Kaus, Reynoso	17 years to life in prison
34.	People v. Turner (November 1984) Conviction reversed: Unanimous Special circumstances reversed: Unanimous Lead opinion: Kaus Concurring: Bird, Broussard, Grodin, Mosk, Reynoso	Retrial pending
35.	People v. Holt (November 1984) Conviction reversed: 6-1 Lead opinion: Kaus Concurring: Bird, Broussard, Brown, Grodin, Reynoso Dissenting: Mosk	28 years to life in prison
36.	People v. Armendariz (December 1984) Conviction reversed: Unanimous Lead opinion: Bird Concurring: Broussard, Grodin, Kaus, Lucas, Mosk, Reynoso	Retrial pending
37.	People v. Bigelow (December 1984) Conviction reversed: Unanimous Lead opinion: Broussard Concurring: Bird, Grodin, Kaus, Lucas, Mosk, Reynoso	Retrial pending
38.	People v. Anderson (February 1985) Conviction reversed: Unanimous Special circumstances reversed: 6-1 Lead opinion: Mosk Concurring: Bird, Broussard, Grodin, Kaus, Reynoso Dissenting: Lucas	Death sentence reinstated at retrial; automatic appeal pending
39.	People v. Hayes (June 1985) Conviction affirmed: Unanimous Special circumstances reversed: 6-1 Lead opinion: Mosk Concurring: Bird, Broussard, Grodin, Kaus, Reynoso Dissenting: Lucas	Retrial pending
40.	People v. Boyd (June 1985) Conviction affirmed: Unanimous Special circumstances reversed: Unanimous Lead opinion: Broussard Concurring: Bird, Grodin, Kaus, Mosk, Reynoso	Retrial pending
41.	People v. Chavez (October 1985) Conviction affirmed: 6-1 Special circumstances reversed: Unanimous Lead opinion: Lucas Concurring: Bird, Broussard, Grodin, Kaus, Mosk, Reynoso Dissenting (on conviction): Bird	28 years to life in prison
42.	People v. Montiel (October 1985) Conviction affirmed: Unanimous Special circumstances affirmed: Unanimous Penalty reversed: Unanimous Lead opinion: Lucas Concurring: Bird, Broussard, Grodin, Kaus, Mosk, Reynoso	Retrial pending
43.	People v. Guerna (November 1985) Conviction affirmed: Unanimous Special circumstances reversed: 6-1 Lead opinion: Mosk Concurring: Bird, Broussard, Grodin, Kaus, Reynoso Dissenting: Lucas	Retrial pending
44.	People v. Brown (November 1985) Conviction affirmed: Unanimous Special circumstances affirmed: Unanimous Penalty reversed: 5-2 Lead opinion: Grodin Concurring: Bird, Broussard, Kaus, Reynoso Dissenting: Lucas, Mosk	Retrial pending
45.	People v. Fuentes (December 1985) Conviction affirmed: Unanimous Special circumstances reversed: 5-2 Lead opinion: Bird Concurring: Broussard, Grodin, Kaus, Reynoso Dissenting: Lucas, Mosk	Retrial pending
46.	People v. Massie (December 1985) Conviction reversed: 5-2 Lead opinion: Kaus Concurring: Bird, Broussard, Grodin, Reynoso Dissenting: Lucas, Mosk	Retrial pending
47.	People v. Bernard Hamilton (December 1985) Conviction affirmed: Unanimous Special circumstances reversed: 5-2 Lead opinion: Kaus Concurring: Bird, Broussard, Grodin, Reynoso Dissenting: Lucas, Mosk	Retrial pending
48.	People v. Silbertson (December 1985) Conviction affirmed: Unanimous Special circumstances reversed: 5-2 Lead opinion: Kaus Concurring: Bird, Broussard, Grodin, Reynoso Dissenting: Lucas, Mosk	Retrial pending
49.	People v. Leach (December 1985) Conviction affirmed: Unanimous Special circumstances reversed: 5-2 Lead opinion: Kaus Concurring: Bird, Broussard, Grodin, Reynoso Dissenting: Lucas, Mosk	Retrial pending
50.	People v. Davenport (December 1985) Conviction affirmed: Unanimous Special circumstances affirmed: Unanimous Penalty reversed: 5-1 Lead opinion: Reynoso Concurring: Bird, Broussard, Grodin, Kaus Dissenting: Mosk	Retrial pending
51.	People v. Deere (December 1985) Conviction affirmed: Unanimous Special circumstances affirmed: Unanimous Penalty reversed: 6-1 Lead opinion: Mosk Concurring: Bird, Broussard, Grodin, Kaus, Reynoso Dissenting: Lucas	Death sentence reinstated at retrial; automatic appeal pending
52.	People v. Balderas (December 1985) Conviction affirmed: 6-1 Special circumstances reversed: 5-2 Lead opinion: Grodin Concurring: Bird, Broussard, Kaus, Reynoso Dissenting (on conviction): Bird Dissenting (on special circumstances): Lucas, Mosk	Retrial pending
53.	People v. Burgener (March 1986) Conviction affirmed: 5-1 Special circumstances affirmed: 5-1 Penalty reversed: Unanimous Concurring: Bird, Broussard, Grodin, Mosk, Reynoso, Wallin Dissenting (on conviction and special circumstances): Bird	Retrial pending
54.	People v. Ratliff (April 1986) Conviction affirmed: Unanimous Special circumstances reversed: 5-1 Concurring: Bird, Broussard, Grodin, Mosk, Reynoso Dissenting: Lucas	Retrial pending
55.	People v. Smallwood (August) Conviction reversed: 4-3 Lead opinion: Bird Concurring: Broussard, Grodin, Reynoso Dissenting: Lucas, Mosk, Panelli	Retrial pending
56.	People v. Lucky (December 1985) Conviction affirmed: Unanimous Special circumstances reversed: 4-3 Lead opinion: Broussard Concurring: Bird, Kaus, Reynoso Dissenting: Butler, Grodin, Mosk	Rehearing granted by California Supreme Court
57.	People v. Walker (December 1985) Conviction affirmed: Unanimous Special circumstances affirmed: Unanimous Penalty reversed: 4-2 Lead opinion: Broussard Concurring: Bird, Kaus, Reynoso Dissenting: Grodin, Mosk	Rehearing granted by California Supreme Court
58.	People v. Hamilton (December 1985) Conviction affirmed: Unanimous Special circumstances reversed: 4-3 Lead opinion: Per Curiam1 Concurring: Bird, Broussard, Kaus, Reynoso Dissenting: Grodin, Lucas, Mosk	Rehearing granted by California Supreme Court

¹ A per curiam decision does not designate who of the concurring justices wrote the opinion.

 

AMA Commentary

---

Three cases that were ruled on by the California Supreme Court have been granted re-hearings and one case remains eligible for a rehearing. The court also ruled on one other death penalty case (People v. Stankewitz, November 1985), accepted for a review on a writ of habeas corpus. In that case the defendant's conviction was reversed in a 6-1 decision written by Justice Mosk. Chief Justice Bird and Justices Broussard, Grodin, Kaus, and Reynoso concurred. Justice Lucas dissented.

As of August 31, 1986, the court reviewed 54 decisions with finality -- 27 under the 1977 Deukmejian law and 27 under the 1978 Briggs statute.

The following chart summarizes the court's voting record on pre- and post-Briggs cases: