] [Id. (Note: What you are about to read might be disturbing and upsetting.). He was provided and he did visit me yesterday, but I refused to see him., The court further questioned defendant regarding the possibility of a conflict between him and his counsel, and defendant stated he understood but felt there would be no conflict. 339, 651 P.2d 1145.) Later, in an interview from jail, he posed the question of whether serial killers are born or bred. At the conclusion of the guilt phase of the trial, the court instructed the jury, without objection by defendant, as follows: You may have observed that the defendant has worn restraints while in the courtroom. In the present case, the determinate sentences were imposed for crimes that were committed separately from, or involved victims other than, the murders for which defendant was sentenced to death. Now, quite frankly, the photographs are unpleasant. Sources (0) There are no historical documents attached to Vincent Charles. He was standing over her bed, holding a gun, and shining a flashlight in her eyes. We will uphold the trial court's ruling on this question if it is supported by substantial evidence. Son of Night Stalker Richard Ramirez victims says, 'I wish I'd Again, you know, he was nodding and he was asleep because I could hear him snoring, The court dismissed the juror over defendant's objection, stating: I have from time to time observed Mr. It now appears that several jurors have indicated that-to the foreman that he has-or has fallen asleep. Chronological age, by itself, is a matter over which the defendant has no control, and which is not relevant to the choice of penalty. Best of 2022 Top 250 Movies Most Popular Movies Top 250 TV Shows Most Popular TV Shows Most Popular Video Games Most Popular Music Videos Most Popular Podcasts. It is clear, therefore, that Hispanics were not systematically excluded from the venire from which defendant's jury was chosen.9. at pp. Stay up-to-date with how the law affects your life. Maxine Zazzara - Biography - IMDb Police found on the ground outside the garage a blue baseball-type cap bearing the name of the rock group AC/DC. [Citations.] She was previously married to [V]ictim photographs in murder cases always are disturbing. Accordingly, the jury was instructed that [t]he crime of burglary requires the specific intent to commit larceny or theft and further was instructed regarding the elements of the crime of larceny.11, Although the circumstances of defendant's attempted murder of Hernandez and murder of Okazaki do not, standing alone, reveal the intent with which defendant entered the residence, the jury reasonably could have inferred that he intended to commit larceny by considering the circumstances of the other charged offenses. Defendant did ask the court to instruct the jury that the list of aggravating factors is exclusive, but, as discussed above, the court properly refused to so instruct the jury. On the carpet and on a tissue, police found shoe prints from an Avia athletic shoe. He ran out of the apartment and called the police. at pp. If there is any substantial evidence supporting the trial court's ruling, we will uphold it. A defense pathologist testified that Yu's injuries were consistent with her having been shot while seated in her car. 8.85,14 which quotes the aggravating and mitigating factors identified in section 190.3 the jury shall consider, if relevant, in determining the proper penalty, because the court did not delete references to mitigating factors for which no evidence was introduced. The evidence is sufficient to support defendant's convictions for burglary of the Hernandez/Okazaki residence, felony-murder of Okazaki based upon the commission of the burglary, and the special circumstance that the murder of Okazaki was committed during the commission of a burglary. More on that below. 1. Upon examination by the People, the prospective juror acknowledged that he would weigh and consider the evidence presented and base his decision on that evidence and would not vote automatically for anything. Mary Cannon was a widow in her eighties who lived alone in Arcadia. 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. Defendant submitted the following proposed jury instruction: Statements by some jurors during jury selection showed an awareness of news reports concerning other cases where sentences of death were not carried out for legal reasons or where persons sentenced to life imprisonment have been considered for parole. After Maxine died, Richard mutilated her body with a knife and gouged out her eyes. Her throat had been slashed and her body was partially covered by a blanket. Defendant argues that these instructions, coupled with the prosecutor's argument that the jury should consider each of these murders in turn, the first degree murders, and each of the special circumstances in turn, and make a decision on each one, impermissibly invited the jury to double-count the special circumstances, in violation of our decision in People v. Melton (1988) 44 Cal.3d 713, 768-769, 244 Cal.Rptr. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. ), Moreover, contrary to defendant's suggestion, the trial court did not express a doubt as to defendant's competence to stand trial. The trial court in the present case was correct that the 3.5 percent absolute disparity and 20 percent relative disparity between the percentage of Hispanics who appeared for jury service and the percentage of Hispanics in the area within 20 miles of the courthouse was not constitutionally significant. Burial. 3, 138 Cal.Rptr. Two days after the attempted murder of Whitney B., on July 7, 1985, a neighbor of Joyce Nelson noticed that a screen had been removed from Nelson's bedroom window. A change of venue must be granted when the defendant shows a reasonable likelihood that in the absence of such relief, a fair trial cannot be had. Although the prospective juror in the present case described himself as a strong supporter of the death penalty, he assured the court multiple times that he would not automatically vote for the death penalty and would, instead, reach a decision based upon all of the evidence.
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