California Supreme Court

The People, Plaintiff and Respondent v. Stephen Edward Hajek and — Kennard, J., Concurring in Part and Dissenting…

May 5, 201458 Cal. 4th 1144

Summary

Justice Kennard concurred in the judgment except as to defendant Loi Tan Vo. She would affirm the judgment of death for Hajek, but would reverse Vo's torture-murder special-circumstance finding and set aside his death judgment because the evidence did not establish that Vo personally intended to inflict extreme pain or suffering. She would nevertheless uphold Vo's first degree murder conviction on a deliberate-and-premeditated-murder theory.