P. v. Sample
A jury convicted defendants Eddie James Sample and Daniel Miller of first degree murder (Pen. Code, § 187),[1] and the trial court sentenced both to 25 years to life in prison. On appeal, Sample claims the trial court (1) prejudicially abused its discretion in failing to suppress evidence obtained by unlawful and unconstitutional wiretaps and (2) prejudicially erred in failing to suppress pre-arrest statements obtained from him in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda). He further contends that the cumulative effect of these errors denied him due process.
Miller adopts Sample’s arguments to the extent they apply to him. Miller further contends that (1) the trial court’s refusal to admit the second part of his post-arrest interview violated Evidence Code section 356 and his right to present a complete defense; (2) the trial court’s refusal to admit Sample’s post-arrest statements exculpating Miller and inculpating Sample and another person violated Miller’s right to present a complete defense; and (3) the admission of cause-of-death testimony by a pathologist who did not attend the autopsy violated Miller’s Sixth Amendment right to confront the coroner who performed the autopsy. Sample adopts Miller’s third argument. We affirm the judgments.
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