P. v. Brown
Defendant Sherman Alan Brown, Jr., appeals from his conviction of two counts of second degree murder (Pen. Code,[1] 187, subd. (a) counts 1 and 2), along with true findings on the allegations of personal firearm use with injury ( 12022.53, subd. (d)) as to those counts, and one count of endangering a child ( 273a, subd. (a) count 4). Defendant contends (1) the trial court erred in admitting into evidence statements obtained in violation of defendants privilege against self-incrimination; (2) the evidence of malice was insufficient to support his convictions for second degree murder; (3) the trial court erred in limiting the testimony of an expert witness for the defense; (4) defendant received ineffective assistance of counsel because his counsel failed to request a jury instruction that evidence of mental disorder and/or voluntary intoxication can negate express and implied malice; (5) the trial court erred in failing to instruct the jury on voluntary manslaughter; (6) defendant was deprived of due process and equal protection of law by the irrational denial of a defense of voluntary intoxication to a charge of second degree murder based upon implied malice; (7) a prosecution expert witnesss testimony was improper and usurped the jurys fact finding role; (8) the trial court erred in failing to instruct the jury on general principles of law presented by the evidence concerning causation; and (9) the cumulative error doctrine requires reversal.
Comments on P. v. Brown