The California Supreme Court affirmed a judgment of conviction and penalty. The court held that although the defendant’s claim of Witherspoon/Witt error in jury selection was not forfeited by his failure to timely object, the precedent on which this “no-forfeiture” rule was based did not have the authoritative weight previously accorded it and would no longer be honored; accordingly, Witherspoon/Witt error would, henceforth, need to be preserved by timely objection.
Crandell McKinnon was charged with two counts of murder and other offenses. The special circumstance of multiple murder was alleged. The prosecutor sought the death penalty.
