C.A. 2nd;
B239184
The Second Appellate District affirmed a judgment of conviction. In the published portion of its opinion, the court held the reversal of the defendant’s conviction for first-degree murder did not collaterally estop the prosecutor, upon the defendant’s retrial for second degree murder, from arguing that the killing was premeditated. The court also stated disagreement with a finding by a federal district court that harmless error analysis in a previous decision, by the same court of appeal panel, was “perfunctory” and “objectively unreasonable.”
