People v. Grandberry

Grandberry was charged with unlawful possession of a dirk or dagger while confined in state prison with prior strike offenses: a 1996 conviction for first-degree murder and a 1988 conviction for second-degree robbery. During a random search, Officers Acosta and Miller went to Grandberry’s cell, escorted Grandberry to an empty dayroom and conducted an unclothed body search. Acosta noticed Grandberry’s boxer shorts were actually two pairs sewn together, with a manufactured weapon nested between them. Acosta did not announce he had found a weapon but placed the weapon and underwear in his pocket and allowed Grandberry to get dressed. Miller testified he understood from Acosta’s actions that contraband had been found. The officers placed Grandberry in a holding cell until he could be processed into administrative segregation. At a classification hearing, Grandberry reportedly stated: “I know I messed up.” The correctional caseworker included the quote in the report but the “chrono,” which is provided to inmates for appeals, did not include it. A jury found Grandberry guilty; the court sentenced him to nine years, to run consecutively to his 84-years-to-life sentence. The court of appeal affirmed, rejecting Grandberry’s claim that the court erred in instructing the jury (CALCRIM 361) that it could draw an unfavorable inference from his failure to explain or deny incriminating evidence. Grandberry argued that he did explain or deny all of the evidence against him and the instruction violated his due process rights by unreasonably favoring the prosecution. View "People v. Grandberry" on Justia Law