P. v. Smith CA1/3
Defendant Henry A. Smith, Jr., appeals a judgment convicting him of, among other things, the first degree murder of a police officer and second degree robbery and sentencing him to life in prison without the possibility of parole. He contends (1) the court erred in admitting, under the public safety exception to Miranda v. Arizona (1966) 384 U.S. 436 (Miranda), a statement he made to the police shortly after his arrest; (2) the court erred in dismissing a holdout juror for bias; and (3) the court erred in refusing to hold a hearing on the alleged misconduct of other jurors. In his consolidated habeas petition, defendant reasserts with additional evidence his argument that the court erred in dismissing the holdout juror and not conducting a hearing on the alleged misconduct of other jurors. Defendant also challenges his sentence in several respects. We find no error in the admission of defendant’s un-Mirandized statement.
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