California Supreme Court

The People, and v. Ronald Wayne Moore, and

January 31, 201151 Cal. 4th 386

Summary

Justice Kennard concurred in affirming the judgment of death but disagreed with the majority's conclusion that the trial court abused its discretion in permitting the prosecutor's hypothetical question about the living-room bloodstain. She reasoned that the hypothesis that the stain came directly from a person was reasonably inferable from the evidence and that an alternative explanation did not make the question improper. The writing therefore did not reach prejudice.