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Legal Opinion

People v. Powell

California Supreme Court

Decided August 13, 2018No. S137730PublishedCited by 52 opinions

A jury convicted defendant Troy Lincoln Powell of the first degree murder of Tammy Epperson ( Pen. Code, § 187, subd. (a) ) 1 and found true three special circumstance allegations: that the murder was committed while defendant was engaged in the commission of rape (§ 190.2, subd. (a)(17)(C) ) and mayhem (§ 190.2, subd. (a)(17)(J) ), and the murder involved the infliction of torture (§ 190.2, subd. (a)(18) ). The jury also convicted defendant of forcible rape (§ 261, subd.

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A jury convicted defendant Troy Lincoln Powell of the first degree murder of Tammy Epperson ( Pen. Code, § 187, subd. (a) ) 1 and found true three special circumstance allegations: that the murder was committed while defendant was engaged in the commission of rape (§ 190.2, subd. (a)(17)(C) ) and mayhem (§ 190.2, subd. (a)(17)(J) ), and the murder involved the infliction of torture (§ 190.2, subd. (a)(18) ). The jury also convicted defendant of forcible rape (§ 261, subd. (a)(2) ), mayhem (§ 203), and torture (§ 206). In a separate proceeding, the jury found that defendant was sane when he…

1Opinion of the Court

I. FACTS

A. Guilt Phase Evidence

1. Prosecution evidence

Tammy Epperson was a recovering heroin addict who had recently completed a 12-step treatment program and held a responsible job. Epperson lived on her own at Ballington Plaza, an apartment complex that accepted referrals from substance abuse recovery and inmate rehabilitation programs. The property manager there described Epperson as "a very good tenant.... [S]he took care of herself. She spoke well, she was very proud of what she was doing ..., and she paid rent on time." Her apartment was "very neat, everything in the right places."

Defend…

2Cases cited74 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Gregg v. GeorgiaSupreme Court of the United States · 1976
  4. Ring v. ArizonaSupreme Court of the United States · 2002
  5. People v. WatsonCalifornia Supreme Court · 1956

69 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. People v. KrebsCalifornia Supreme Court · 2019
  2. People v. YoungCalifornia Supreme Court · 2019
  3. People v. NievesCalifornia Supreme Court · 2021
  4. People v. RamirezCalifornia Supreme Court · 2021
  5. People v. K.P., California Court of Appeal, 5th District2018

47 more not listed; retrieve them via the Exa API.

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