Legal Opinion

People v. Fairbank

California Supreme Court

Decided December 22, 1997No. S012032PublishedCited by 135 opinions

1Opinion of the Court

Opinion

CHIN, J.

Defendant tortured Wendy Cheek and then killed her. A week earlier, he had sexually assaulted a different woman. Defendant pleaded guilty to first degree murder and admitted the special circumstances of attempted oral copulation and torture. After a penalty trial, the jury returned a verdict of death. We affirm.

Facts and Procedural Background

The information filed April 25, 1986, charged defendant with first degree murder (Pen. Code, § 187)1 and alleged that he committed the murder while attempting to commit rape (former § 190.2, subd. (a)(17)(iii)) and unlawful oral copulation…

2Cases cited55 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Gregg v. GeorgiaSupreme Court of the United States · 1976
  3. Massiah v. United StatesSupreme Court of the United States · 1964
  4. Ross v. OklahomaSupreme Court of the United States · 1988
  5. Maine v. MoultonSupreme Court of the United States · 1985

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3Cited by135 opinions

  1. People v. ColeCalifornia Supreme Court · 2004
  2. People v. CunninghamCalifornia Supreme Court · 2001
  3. People v. CoffmanCalifornia Supreme Court · 2004
  4. People v. OchoaCalifornia Supreme Court · 1999
  5. People v. GuerraCalifornia Supreme Court · 2006

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

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