PEOPLE v. COOK III PART - II
08:15:2006
PEOPLE v. COOK III
Filed 8/14/06
IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE, )
)
Plaintiff and Respondent, )
) S042223
v. )
)
WALTER JOSEPH COOK III, )
) San Mateo County
Defendant and Appellant. ) Super. Ct. No. SC31145
___________ )
Continued from Part I …………..
D. Defense Motion to Disqualify Trial Judge
Before trial, defendant moved unsuccessfully to disqualify the trial judge initially assigned to this case, and the motion was heard by a jurist from another county. Defendant made the motion on the basis that the judge had had â€
| Description |
Trial court did not abuse discretion in denying severance motion of defendant facing three murder charges. The were offenses of same class of crimes. None of the cases was especially weak because defendant admitted to shooting one of the victims and there was strong eyewitness evidence as to the other victims. None of the three killings, all of which were committed for seemingly trivial reasons and involved excessive force, was especially likely to inflame jury's passions and joining murder charge for beating victim to charges for shooting victims, which sufficed to support multiple-murder special circumstance, did not expand defendant's death penalty liability. |
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