P. v. Sullivan
A jury convicted Michael David Sullivan of second degree murder(Pen. Code 187, subd. (a)), and found he used a deadly and dangerous weapon (a knife) in the commission of that offense (Pen. Code, 12022, subd. (b)(1)). The court sentenced Sullivan to 16 years to life in state prison.
Sullivan contends (1) there is insufficient evidence to support his murder conviction; (2) the court prejudicially erred by allowing the prosecution to rebut the testimony of a defense character witness by referring to evidence that Sullivan was associated with the Hell's Angels motorcycle gang; (3) the court prejudicially erred by failing to inquire into reported jury misconduct; (4) he was denied his constitutional right to effective assistance of counsel when his attorney "opened the door" to evidence regarding the Hell's Angels and failed to object and request a hearing regarding jury misconduct; (5) the court prejudicially erred by giving the jury erroneous instructions on self defense and imperfect self defense; (6) he was denied his constitutional rights to jury trial and due process by the court's failure to respond to jury notes indicating the jury was hung, and by the denial of his motions for a mistrial and the dismissal of a hold-out juror; (7) the release of a juror without his presence denied him his right to be present during a critical stage of the proceedings; (8) he was denied his right to a unanimous jury verdict by the court's failure to adequately instruct the jury to begin deliberations anew after an alternate juror was substituted in place of a released juror; and (9) the cumulative effect of the asserted errors requires reversal. We conclude the court committed reversible error by allowing the prosecution's references to evidence connecting Sullivan to the Hell's Angels, and by failing to adequately instruct the jury to begin deliberations anew after substitution of an alternate juror. Accordingly, Court reverse the murder conviction.
Comments on P. v. Sullivan