This does not explain, however, defendant's failure to express dissatisfaction with the jury ultimately selected. (190.3, factor (a).) Vincent Zazzara In their ransacked home, Vincent Zazzara, 64, was found with a bullet hole in the head. As noted above, defendant argues that the trial court erred in granting his request to substitute counsel, but the cases he cites do not support his assertion that the trial court had a sua sponte duty to ensure that he would be represented by qualified, effective counsel. 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. The police arrived and found Cannon lying dead on the bed. ), Defendant relies upon our decision in People v. Beeler (1995) 9 Cal.4th 953, 986-991, 39 Cal.Rptr.2d 607, 891 P.2d 153, in which the father of one of the jurors died while the jury was deliberating in the penalty phase of a capital trial. Defendant asserts that this error undermined his defense in violation of his right, inter alia, to fair trial, effective assistance of counsel, due process and fundamental fairness under the Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution.. Defendant relies upon the bizarre nature of the criminal acts charged, [defendant]'s bizarre and abnormal behavior following his arrest, and the court's own questions at various court hearings regarding [defendant]'s competence. But none of these circumstances raised a question as to defendant's ability to understand the nature of the proceedings or assist counsel in his defense. When he and Daniel Hernandez were seeking to be substituted as counsel for defendant, Arturo Hernandez stated they had entered into a written contract with defendant, adding: Also, the other parties that have retained us, his family, who are also liable, have acquired some financial responsibility to us due to that contract. The court had the exchange with defendant, which is quoted above, in which defendant stated he had read and understood the contract. Early in the morning on August 5, 1985, Virginia Petersen woke up to find defendant walking into her bedroom pointing a gun at her. On October 24, 1985, the prosecutor, defendant, Gallegos, Arturo Hernandez, and Daniel Hernandez appeared in camera before the municipal court. Understanding that, do you wish at this time the opportunity to talk to an independent attorney? A restraining device similar to handcuffs that attach to the subject's thumbs. [Citations. In some cases, he would sexually assault a kid he came across in the house during a burglary. 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. The high court held that the defendant was denied due process, concluding that it was a denial of due process of law to refuse the request for a change of venue, after the people of Calcasieu Parish had been exposed repeatedly and in depth to the spectacle of Rideau personally confessing in detail to the crimes with which he was later to be charged because the televised spectacle of the defendant confessing to the crimes rendered his subsequent trial but a hollow formality. (Id. A trial court does not abuse its discretion if it discharges a juror who falls asleep during the trial. ] (People v. Farnam (2002) 28 Cal.4th 107, 153, 121 Cal.Rptr.2d 106, 47 P.3d 988.). 8. The defense focused on the lack of physical evidence tying defendant to the charged crimes, attacked the reliability of the identifications of defendant, and offered the alibi that defendant was in Texas when the crimes against Mabel Bell, Florence L., and Carol K. were committed. ] [Citations. The temperature of the deceased's liver was measured and the degree of rigor mortis noted, but the coroner had difficulty estimating the time of death. The defendant in Mickens claimed he had been denied effective assistance of counsel because his appointed attorney earlier had represented the murder victim on a juvenile matter. [Citations. (People v. Gray (2005) 37 Cal.4th 168, 236, 33 Cal.Rptr.3d 451, 118 P.3d 496; People v. Vieira (2005) 35 Cal.4th 264, 303, 25 Cal.Rptr.3d 337, 106 P.3d 990. All further statutory references are to the Penal Code, unless otherwise noted. omitted.). (Id. Arturo Hernandez: It covers through the trial, your Honor, and any post-trial remedies that my client may have. Mr. She had been shot in the head and neck at close range, stabbed in her neck, cheek, chest, abdomen, and pubic area, and her eyes had been cut out. Select this result to Defendant contends that the trial court failed to consider a vast array of defense-proffered evidence in support of change of venue, adding that [t]he trial court erred in refusing to take judicial notice of the defense-proffered exhibits that demonstrated the prejudicial nature of the news media coverage in appellant's case. The trial court viewed several hours of videotapes of media coverage of the present case proffered by defendant. 113-114.) He has remembered things I have said at prior hearings and reported them back to me. The court stated it had no doubts about defendant's competency, and defendant interrupted the court to state: I am sane. Arturo Hernandez added that he and cocounsel have been visiting with Mr. Ramirez for a lengthy period of time. Nor, contrary to defendant's claim, do the high court's decisions in Apprendi v. New Jersey (2000) 530 U.S. 466, 120 S.Ct. 631, 506 P.2d 1007 for the proposition that the trial court has a duty to ensure that any counsel appointed to represent the accused is competent and qualified to conduct the defense (italics added), adding: That is precisely the obligation involved in the present case which the trial court failed to meet. But Daniel Hernandez and Arturo Hernandez were not appointed by the court, they were retained by defendant. She is also involved with the Bill Evans Piano Academy in The judge's observations were consistent with the testimony of the jury foreperson that the juror had fallen asleep twice during deliberations. M Oregon, WI 53575. The persons so listed shall be fairly representative of the population in the area served by the court, and shall be selected upon a random basis. The defendant's only contention on appeal in such circumstances can be that he or she was denied effective assistance of counsel. ] (Burgener, supra, 29 Cal.4th at p. 856, 129 Cal.Rptr.2d 747, 62 P.3d 1.) On November 7, 1989, defendant Richard Ramirez was sentenced to death for the so-called Night Stalker murders following his convictions of 12 counts of first degree murder (Pen.Code, 187, subd. The appellate court presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. (People v. Kraft, supra, 23 Cal.4th 978, 1053, 99 Cal.Rptr.2d 1, 5 P.3d 68.). at p. 989, 39 Cal.Rptr.2d 607, 891 P.2d 153. Having viewed the photographs, we conclude, for the reasons that follow, that the photographs were properly admitted into evidence. On January 30, 1989, the court again asked defendant whether he preferred wearing a leg brace that would not be visible to the jury, rather than leg chains. But jury selection in the present case commenced on July 21, 1988, using prospective jurors summoned using the new master jury list for the 1988-1989 fiscal year. The very act of questioning deliberating jurors about the content of their deliberations could affect those deliberations. (Id. 537, 797 P.2d 561.). That is an avenue I think that has to be explored one way or another., The next month, on March 24, 1987, the court spoke to defense counsel about when they were going to file a severance motion and then added: The 1368 and related issues I would also like you to consider. We have repeatedly stressed that a defense counsel's failure to present mitigating evidence at the penalty phase does not make the proceeding unreliable in constitutional terms so long as (1) the prosecution has discharged its burden of proof at both phases of trial consistently with the rules of evidence and a constitutionally sound death penalty scheme; (2) the death verdict was rendered in accordance with proper instructions and procedures; and (3) the penalty jury considered the relevant mitigating evidence, if any, that the defendant has chosen to introduce. Defendant personally waived his right to testify in his own behalf and stated that he agreed with his counsel's decision not to present any additional evidence at the penalty phase. Madison, Wisconsin White Page Listings. [Citation. Son of Night Stalker Richard Ramirez victims says, 'I wish I'd He knocked on the door, but received no response, so he retrieved an extra key Cannon had given him. He further contends that these instructions and argument rendered the penalty determination unreliable, in violation of the Eighth and Fourteenth Amendments to the federal Constitution. Defendant handcuffed her, took several items of jewelry and some money, and then raped and sodomized her. 626 F.2d 135 - Public.Resource.Org All the channels had the same kind of mixture of hard news and fluff, and I don't see any point in sitting here watching, you know, all of the channels. (a).) Defendant further argues that the trial court erred in failing to order a competency hearing sua sponte. The Court: You may be waiving any conflict. Born May 15, 1940 Died March 29, 1985 (44) Add to list Credits IMDbPro Archive Footage Previous 7 First Blood Self - Murder Victim (archive footage) TV Series 2022 1 episode ] (People v. Taylor (2001) 26 Cal.4th 1155, 1180, 113 Cal.Rptr.2d 827, 34 P.3d 937; People v. Earp (1999) 20 Cal.4th 826, 899, 85 Cal.Rptr.2d 857, 978 P.2d 15. On March 28, 1985, about 8:30 p.m., Polo went to the home that Vincent Zazzara shared with his wife Maxine to deliver the day's receipts from the restaurant and On June 7, 1988, during a readiness conference, Raymond Arce testified that a new master list had been compiled to be used in the upcoming 1988-1989 fiscal year and that duplicate names on the registrar of voters list and the DMV list were determined by comparing both the name and the date of birth, which resulted in a master list that was ten percentage points higher in the Hispanic representation. The percentage of Hispanics on the new master list was 28.4 percent. This is not the purpose of these photographs., Defendant objected to a coroner's photograph of William Doi with a breathing apparatus in his mouth on the grounds that it is irrelevant and also under [Evidence Code Section] 352 it does have some foreign matter or other materials depicted that obviously are from something other than what was found at the scene. The court overruled the objection, finding that the picture is not inflammatory and that it has probative value certainly to identify the victim and it is not grotesque and it is not particularly repulsive, Before showing the jury photographs of Mabel Bell and Florence L., to which defendant did not object, the court again remarked that some of the photographs are not pretty but admonished the jury not to be inflamed or in any other way emotionally involved in these photographs, asking the court to look at them as neutrally and as objectively as you possibly can., Defendant objected to a photograph of Mary Cannon taken at the scene of the crime and two coroner's photographs of the victim on the grounds that they were sufficiently gory and would inflame the jury. Defendant described the photograph of the victim at the scene of the crime as particularly hideous. At the request of the court, the prosecutor withdrew the photograph of the victim taken at the scene at the crime.
40 Days After Death In Islam Hanafi, Ccap Wisconsin Inmate Search, Examples Of Deviance In The News 2020, Which Slavic Language Should I Learn Quiz, Joseline Hernandez Zodiac Sign, Articles M