PEOPLE V. MERRIMAN
60 Cal.4th 1 (2014)
NATURE OF THE CASE: This was an automatic appeal from the imposition of a death sentence.
FACTS: Katrina was 16 years old in 1989 when she started dating Mitch Sutton, one of the founding members of the Skin Head Dogs (SHD). Merriman (D) was 16 years of age at that time, and belonged to the same gang. By 1992, Sutton and Katrina had broken up. Between January 1990 and March 1992, Katrina was corresponding and conversing with D on a regular basis while he was in custody in various juvenile detention facilities and in state prison. After the breakup the letters became more sexually explicit. It can be inferred that Katrina had sent revealing photographs of herself, and that she had had physical contact with D during a prison visit. The letters also suggested that Katrina had told D she wanted to resume her relationship with Mitch Sutton and that she considered D only a friend. This upset D. When released Katrina confronted D and told him she was not interested. This resulted in D attacking her. In another incident Katrina was also attacked by D. D's mother was present but did nothing. Katrina went to a party and was murdered by D. The crime was covered up for 5 years. Eventually the wall of silence was broken. The 25-count indictment charged D with special circumstance murder and other crimes involving Katrina. Seven of the counts charged D with sexually assaulting Robyn G. and Billie B., and nine counts arose from the circumstances surrounding D's attempt to evade arrest in January 1998. The remaining six counts charged D with being under the influence of a controlled substance at various times predating his arrest. A second, five-count indictment was issued in May 1999 charging D with crimes stemming from various attempts to dissuade witnesses who had testified at the earlier grand jury proceeding. The court denied the request to sever the murder count from all other charges. The court found the evidence that supported the charges involving D's attempt to evade arrest was cross-admissible to show his consciousness of guilt as to the murder, and that the evidence underlying the sexual offense charges involving women other than Katrina appeared to be cross-admissible because sexual assault was part of the murder case. D was found guilty and sentenced to death. This appeal resulted. D contends that the court abused its discretion by refusing to sever trial on the murder charge from trial on all other joined counts.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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