I will have to judge each case by its own merits.. The trial court conducted an extensive and appropriate inquiry into defendant's awareness of the possibility of a conflict of interest, offered defendant separate counsel to advise him, and obtained assurances from defense counsel that no such conflicts existed or were likely to arise. maxine zazzara house Heading straight to the manufacturer, they looked through spreadsheets where the shoes were distributed in the United States, and only size 11.5 black shoes (the ones he was wearing) were manufactured. omitted.) at p. 527, 262 Cal.Rptr. 644, 431 P.2d 228. (Compare Sheppard v. Maxwell (1966) 384 U.S. 333, 86 S.Ct. He was sentenced to death but in 2013, he died of cancer in prison, after serving 23 years on death row. ), Even had defendant properly preserved the issue for appeal, the claim lacks merit because the instruction given as to age was sufficient. The photographs at issue here are gruesome because the charged offenses were gruesome, but they did no more than accurately portray the shocking nature of the crimes. There is no requirement that all jurors unanimously agree on any matter offered in mitigation. She heard a muffled loud sound as she escaped and ran around to the front of the condominium complex where she saw defendant leaving the complex. Bill Evans Biography When he was arrested, defendant invited the police to kill him, and asked to borrow a gun so he could kill himself. Zazzara ), As noted above, the disputed photographs were highly relevant. I mean, quite frankly, gentlemen, Mr. Ramirez has been in restraints the entire period of jury selection [] One or the other at this point, and if you want a hearing as to whether or not we ought to have any restraints at all, I will be happy to give that to you on a Friday sometime and we'll thrash it out. Defendant chose to keep the leg chains because the leg brace was too uncomfortable. Defendant did not request a hearing concerning whether restraints of any type were justified. The Defendant: It exists, but I feel there will be no conflict. While in jail awaiting trial, defendant used his blood to draw a pentagram on the floor and write the number 666. Maxine Defendant forced the victim to orally copulate him, then raped and sodomized her. The Night Stalker On the morning of July 19, 1985, the bodies of Maxon and Lela Kneiding were discovered in their bed by their daughter, who had come looking for them after they failed to meet her at a restaurant for breakfast as planned. The Sixth Amendment commands that the accused be defended by the counsel he believes to be best. (United States v. Gonzalez-Lopez, supra, 548 U.S. at ----, 126 S.Ct. As we have noted regarding allegations regarding individual jurors: The decision whether to investigate the possibility of juror bias, incompetence, or misconduct-like the ultimate decision to retain or discharge a juror-rests within the sound discretion of the trial court. We described the right of a criminal defendant to counsel and to present a defense as among the most sacred and sensitive of our constitutional rights and cautioned that the state should keep to a necessary minimum its interference with the individual's desire to defend himself in whatever manner he deems best. (Id. The Court: Did you understand each item in that contract? She fell to the floor. On August 14, 1989, the jury was unable to begin deliberations because one of the jurors, Phyllis Singletary, failed to appear. ), Defendant did not request an instruction admonishing the jury not to double-count the special circumstances, and we repeatedly have held that the trial court has no duty to so instruct the jury sua sponte. Weeks opined that the disparity between the percentage of Hispanics available for jury service and the percentage that appeared for service was caused by the jury commissioner's use of records from the registrar of voters to compile a primary list. [] [], For these reasons, the court is going to take the matter of the substitution of attorneys under submission until October 24, 1985, to allow the defendant to investigate the attorneys he now wishes to hire, if he so desires, and for him to have the contractual agreement looked at by an independent attorney. It also has been brought to the court's attention that there is presently pending in Superior Court of Santa Clara County a hearing set for November 12 in the case of People versus Pinon where the district attorney's office has asked the court for-has asked for monetary sanctions against Mr. Daniel Hernandez for his failure to appear at the hearing in the Pinon case. (1239, subd. [Citations. 81, 9, p. The defendant's only contention on appeal in such circumstances can be that he or she was denied effective assistance of counsel. ), The size of the community also militates against granting defendant's request for a change of venue. A person cannot be tried or adjudged to punishment while that person is mentally incompetent. Defendant contends the trial court erred in failing to conduct an inquiry into the jury's exposure to news coverage of Juror Singletary's death. Defendant did not raise this ground in the trial court and, thus, has forfeited this claim. Defendant acknowledges that this court repeatedly has rejected the contention that a defendant's decision not to present mitigating evidence at the penalty phase, in itself, renders the determination of penalty unreliable under the federal and California Constitutions. Defendant entered the vehicle, saying he had a gun, but Pinon attempted to pull defendant from the vehicle. ), Defendant cites no case, and we are aware of none, in which a conviction was reversed because the court granted the defendant's request to substitute counsel. Is that the point you are trying to make? (c)), four counts of forcible sodomy (286, former subd. The trial court denied the motion, declaring that no doubt had arisen in the court's mind concerning the defendant's competence because it appeared the defendant understood the nature of the proceedings and was able to assist counsel. The jury reasonably could have concluded that defendant abandoned his plan to steal in order to flee and avoid apprehension. The bullet hit Hernandez in her hand and apparently was deflected by the keys she was holding. U. S. Defendant's failure to press the court for a ruling deprive[ed] the trial court of the opportunity to correct potential error. (People v. Morris (1991) 53 Cal.3d 152, 195, 279 Cal.Rptr. On August 23, 1989, defendant filed a motion for a mistrial. The court finds that although I gave Mr. On the morning of August 31, 1985, Manuela Villanueva was sitting in her parked car when defendant ran up and demanded her car keys. Best of Defendant asserted that unsequestered voir dire increased the juror's exposure to prejudicial pretrial publicity. html#8> [as of Aug. 7, 2006]. ), Moreover, contrary to defendant's suggestion, the trial court did not express a doubt as to defendant's competence to stand trial. He died on 27 March 1985 in Whittier, When the lineup formed, defendant was the second person in line. Her pajama top had been pulled up, exposing her breasts, and her pajama bottoms had been pulled down around her ankles. The trial court correctly recognized that the defendant has the right to retained counsel of his choice. (Ante, at p. 696, 139 P.3d at p. 191, 800 P.2d 547, retained private counsel, but his first trial ended in a mistrial and he became indigent prior to the retrial. To the extent defendant alleges violations of the International Covenant on Civil and Political Rights, which he alleges incorporates the Universal Declaration of Human Rights, his claim lacks merit, even assuming he has standing to invoke this covenant. Trending. On October 22, 1985, Judge Soper noted that defendant had failed to provide a written agreement retaining attorney Gallegos. Gallegos stated he was concerned by a news report he heard on the radio indicating my client wanted to plead guilty to 14 counts of murder providing the district attorney's office would drop the counts involving minor children. The court noted that it previously had ordered a psychiatric evaluation of defendant at the request of the public defender, who then represented defendant. An abuse of discretion may be found when the trial court's ruling falls outside the bounds of reason. [Citation. The court dismissed the juror, replaced him with one of the alternate jurors, and instructed the jury to begin its deliberations anew. The admission of photographs of a victim lies within the broad discretion of the trial court when a claim is made that they are unduly gruesome or inflammatory. I don't believe in the hypocritical moralistic dogma of this so-called society and need not look beyond this room to see all the liars, the haters, the killers, the crooks, the paranoid cowards, truly the trematodes[12 ] of the earth, each one in his own legal profession. The Court: Mr. Ramirez, are you satisfied with the disclosures that have been made to you? [Citation.] This court cannot guarantee that such result will not happen anyway; it can only attempt to safeguard against it. The court stated that it had informed Mr. Ramirez that neither Daniel Hernandez nor Arturo Hernandez have the legal experience which would qualify them to be appointed by this court to represent him in this case, nor do either attorney meet the qualifications set forth by the Los Angeles County Bar for the indigent criminal defense appointment panel.. Build Your House at Kettle Creek North in Verona Wisconsin Also Read: 'American Horror Story: 1984' Star Zach Villa on What the Night Stalker Wants With Brooke (Video). ] [Citations. Deputy Public Defender Hall stated that the psychiatrist had met with defendant for approximately 10 or 15 minutes, at which point Mr. Ramirez refused to speak with him anymore. Based upon this short interview, and his observations of defendant before and after the interview, the psychiatrist concluded, according to Hall, that defendant was borderline in terms of his competence, but he couldn't say for sure. Hall added that the psychiatrist stated that, if forced to reach a conclusion, he would have to say [defendant] was competent but borderline so., Following a recess, the in camera hearing resumed, as noted above, with the prosecutor, defendant, Gallegos, Arturo Hernandez, and Daniel Hernandez present. 1, 778 P.2d 129.) He called her names and repeatedly asked where was her money, jewelry, and other property. (SPOILER ALERT: Do not read on if you dont want to know what happens in Night Stalker: Searching for a Serial Killer.). As foreman I find it my responsibility to bring this to your attention., The court stated: This is the juror that we have noticed behaving as if he were dozing off from time to time.
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