P. v. Farrell
Following a tumultuous history of family strife, defendant Zachariah Joseph Farrell shot and killed his father Bernard Farrell as he emerged from his residence. Defendant claimed that his father came out of his trailer firing his rifle before defendant felled him with a shotgun blast. The jury convicted defendant of second degree murder (Pen. Code, 189)[1]and found true enhancements for infliction of great bodily injury with a firearm ( 12022.53, subd. (d)), and use of a firearm ( 12022.5, subd. (a)).
Following the verdict, defendant made a motion for new trial based on ineffective assistance of counsel. The moving papers revealed that defense counsel had overlooked a crucial Department of Justice laboratory report that contained findings supporting defendants version of the shooting and lent credence to his claims of perfect and imperfect self defense. Court therefore reverse the judgment.
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