P. v. Jones
Defendants appeal from their convictions of the first degree murder of Johnny Rudas, with special circumstances of kidnapping and torture, and their sentences of life without parole. Both defendants contend the trial court erred in failing to give accomplice instructions as to witness Amanda Chamalbide. Jones contends the trial court prejudicially erred in (1) admitting her statement that was made in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda); (2) refusing her request to instruct the jury on the defense of duress; (3) giving accomplice instructions as to witness Jeff Bastion; and (4) admitting unnecessarily gruesome crime scene and autopsy photographs into evidence. Malagon contends (1) his trial counsel provided ineffective assistance by failing to object to evidence of Joness assertive conduct in leading the police to the murder scene; and (2) the trial court committed prejudicial error in denying his motions to (a) suppress certain physical evidence seized from his person during an unreasonable search, and (b) suppress his nonMirandized statements to the police at the time of his arrest. Malagon also argues cumulative error, and Jones joins in Malagons arguments to the extent they benefit her. Court find no prejudicial error, and affirm.
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