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Criminal,
California Supreme Court

Sep. 17, 2024

Justices on both sides write opinions in rare rehearing of affirmed death penalty

The vote to affirm a death penalty conviction for a 1996 first degree murder and sodomy marked an 'extraordinary' split on the court, especially because justices on both sides wrote opinions defending their positions, legal observers said.

The state Supreme Court narrowly rejected a rarely granted motion to rehear its decision to affirm a death penalty verdict in a case involving claims that the Alameda County district attorney's office improperly exercised peremptory challenges to excuse five Black women from the jury decades ago.

The vote to affirm Giles Albert Nadey Jr.'s death penalty conviction for first degree murder and sodomy for his killing of Terena Fermenick in 1996 marked an unusual split on the...

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