People v. Frierson

Opinion

ARABIAN,J.

—This case, arising out of the 1977 death penalty law, is before us for the third time. In People v. Frierson (1979) 25 Cal.3d 142 [158 Cal.Rptr. 281, 599 P.2d 587] (Frierson I), we reversed defendant’s conviction of first degree murder with special circumstances and other offenses, together with a verdict of death, because of ineffective assistance of counsel for failing to investigate or present a diminished capacity defense.

Defendant was retried, convicted of the same offenses with the same special circumstances, and again sentenced to death.

In People v. Frierson (1985) 39…