P. v. Fredricksen
A jury found defendant Kelly Fredricksen guilty of first degree murder and found that he was lying in wait and used a deadly weapon in committing the murder. The trial court sentenced him to life in prison without the possibility of parole, with an additional year for the weapon enhancement. On appeal, defendant contends: (1) the trial court deprived him of his federal constitutional rights by improperly restricting the testimony of his psychology expert; (2) the prosecutor committed misconduct by misleading the jury about the law of manslaughter; (3) the trial court erred in denying his new trial motion based on newly discovered psychological test results; and (4) the lying in wait special circumstance is unconstitutionally overbroad and constitutes cruel and unusual punishment under the facts of this case. Finding no merit in defendants arguments, court affirm the judgment.
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