31 But since any prejudice from the prosecutor's comment could have been cured by a timely objection and admonition, defense counsel's failure to object thus bars consideration of this issue. There was evidence that all of the victims except Schaefer voluntarily entered defendant's van. FN 6. 10 nor statutory directives concerning warrants require that criminal proceedings must be instituted before an arrest warrant may be issued. The prosecutor properly emphasized such facts to show that defendant deserved the death penalty. 17.) 504, 455 P.2d 432]. [27] He maintains, however, that the objection was also based upon violation of his Fifth and Sixth Amendment rights, because Sergeant Budds asked him for the manuscript without giving Miranda (Miranda v. Arizona (1966) 384 U.S. 436 [16 L. Ed. Rptr. [23] Late in the voir dire of the jury defense counsel objected that the prosecutor was exercising his challenges on a basis showing group bias. 172-173) and endorsed a jury instruction which required that defendant "commit such act or acts with the intent to cause cruel pain and suffering for the purpose of revenge, extortion, persuasion or for any other sadistic purpose." fn. 638-639.) Although the plurality opinion of Justice Stewart concluded that a seizure could not be justified on the theory that the vehicle was itself the "instrumentality" of the crime because the plain-view doctrine applied only to inadvertent discovery of incriminating evidence (id., at pp. 752 [127 P. 58] (overruled prospectively in People v. Williams (1981) 29 Cal. Use Escape keyboard button or the Close button to close the carousel. Since the erroneous denial of a challenge for cause compels the defense to use a peremptory challenge, a similar analysis applies to denial of a challenge for cause. Does anyone actually believe that life imprisonment without possibility of parole is punishment for Mr. Bittaker? Add to your scrapbook. The first two questions inquired about guilt and special circumstances. Defendant admitted the assault on Malin. (Evid. Under these circumstances it is not reasonably possible that the failure of the court to give a reasonable-doubt instruction affected the verdict. Appellate counsel argues that with a better copy, an expert might be able to show some other origin for the background noise. There was an error deleting this problem. We find, however, insufficient basis for reversal of the verdict. [Citation omitted.]'" (46 Cal.3d at p. Juror Hein formed an opinion of the case based on reading newspaper accounts. The police ultimately recovered fourteen photographs and five letters, two of which were introduced as evidence. (See also People v. Guzman (1988) 45 Cal. Lawfulness of search of impounded van. 2d 497, to uphold the seizure of magazines and paraphernalia and a loaded revolver from a van belonging to the defendant, who was accused of molesting children and photographing them in his van. The trial court continued the hearing until the following Monday when defendant could be present. Rptr. The rebuttal testimony of Dr. Markman. 3d 629 [221 Cal. The prosecutor returned again and again to this topic, asking defendant nine times where the photographs were; each time defendant refused to reveal their location. In the absence of any reference to parole, pardon, commutation, or the like, we do not think the prosecutor's comment can be considered misconduct. We do not believe that the language concerning the scope of judicial review in this case presents any significant risk of inducing Norris to give false or incomplete testimony. 3d 500, 510 [119 Cal. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Hello Kitty Murder Case The most disturbing Hello Kitty Murder Case came to light when medianet_width = "300"; [33] Defendant invokes the rule that it is "improper to ask questions which clearly suggested the existence of facts which would have been harmful to defendant, in the absence of a good faith belief by the prosecutor that the questions would be answered in the affirmative, or with a belief on his part that the facts could be proved, and a purpose to prove them, if their existence should be denied." (People v. Harris, supra, 36 Cal. 3. (See People v. Robertson (1982) 33 Cal. Thus the trial court had authority to exclude evidence seized in violation of the California Constitution as interpreted in Minjares. The judge asked if she would be willing to listen to the evidence and be a fair and impartial juror; she said that "I could try, but I believe it would be difficult. Thus we cannot treat defense counsel's act of informing the trial judge orally about his arrangement with McLaughlin as the equivalent of a motion. [14b] Here certain prospective jurors gave insufficient or ambiguous answers [48 Cal. 309-310; Bloyd, supra, at p. omitted.). First, the judge cannot reserve voir dire for himself and exclude counsel. 3d 749, 770 and cases there cited) or can justify his failure to do so (People v. Box (1984) 152 Cal. On cross-examination the prosecutor asked him, "Isn't it a fact, Mr. Shoopman, that he [defendant] wrote you about the rape and killing of a girl in the mountains before September 14?" However, as wrong as it may be, I really would like to hear the tape and see the autopsy photos. 2d 776, 88 S.Ct. Rptr. The prosecutor, attempting to rehabilitate her, could obtain only a statement that she would act impartially at the guilt phase. 3d 1111] of the errors was not prejudicial. Defendant maintains that this statement improperly invited the jury to speculate on whether defendant might be released from prison despite a sentence of life imprisonment without possibility of parole. Norris had pleaded guilty and agreed to testify against Bittaker in order to avoid the death penalty. Barring mention that Norris had been adjudicated a mentally disordered sex offender. medianet_height = "250"; Here, there is no significant evidence of preconceptions which would bias the deliberations, and a clear statement of the ability to decide on the basis of the evidence. Rptr. 3d 731, 763 (overruled on other grounds in People v. DeVaughn (1977) 18 Cal. When defendant had used all 26 peremptory challenges given him by statute (former 1070), the judge observed that defense counsel had said he intended to exercise all his challenges to protect the record. 3d 1077] to determine the van's "evidentiary value" as is permitted by the Teale (supra, 70 Cal.2d 497) line of cases. ), FN 12. This argument is inconsistent with our opinion in People v. Allen (1986) 42 Cal. Defendant objects to testimony concerning his attempt to abduct Jan Malin because he was not charged in this proceeding with any crime against Malin. 313, 492 P.2d 1], which states the law governing defendant's trial, a felony conviction was admissible to impeach only if the offense bore upon veracity. They saw, however, a number of items in plain view which, they realized, might be evidence of other crimes they were investigating. Rptr. ", Defense counsel responded: "Judge, what I'm concerned about, and I think the record should be made clear, is that you've indicated, if I'm interpreting correctly that in reference and regards to the death qualifying questions that neither Mr. Kay [the prosecutor] nor I would be permitted to ask any questions. Louie followed defendant outside and asked if defendant had forgotten to pay for anything. 3d 572, 584 [189 Cal. Its ruling is not an abuse of discretion. 17 We have held, however, that the Ledford tape was properly seized, and that defendant's failure to object bars him from attacking the police's listening to the tape. 2d 72, with approval (18 Cal.3d at pp. 128, 616 P.2d 1301], where we explained how the death-qualifying process can bias the jury, the trial court here decided to limit that process as much as possible. It's his home. Defendant choked Lamp while Norris struck her with the hammer until she was dead. We resolved to examine cases tried prior to Brown, such as the present case, "to determine whether, in context, the sentencer may have been misled to defendant's prejudice about the scope of its sentencing discretion under the 1978 law." We do not believe they can be altered by contract so as to limit the court to reviewing the district attorney's discretionary finding as to whether Norris told the truth. WebGetentrepreneurial.com: Resources for Small Business Entrepreneurs in 2022. Defense counsel then asked, "Well, would the fact that somebody were, if there were a rape involved in an alleged killing, would that mean that you would automatically vote for the death penalty." All photos appear on this tab and here you can update the sort order of photos on memorials you manage. Shortly after beginning his argument, he asked the jury: "What penalty has Lawrence Sigmond Bittaker earned in this case? A complaint can be used to institute criminal proceedings without serving as a basis for an arrest warrant, and we see no reason why the converse may not also serve -- that a complaint can furnish probable cause for arrest even though a different document is used to institute proceedings. In failing to so instruct, the court erred. 2d 72, 76 [207 P.2d 51], we defined murder by torture as requiring an intent to cause cruel suffering "either for the purpose of revenge, extortion, persuasion, or to satisfy some other untoward propensity." [48 Cal. Receive small business resources and advice about entrepreneurial info, home based business, business 77.) Rptr. medianet_crid = "114740316"; The tape recording of the torture of Shirley Ledford was discovered in defendant's van. Rptr. He testified that he and Norris picked up Andrea Hall when she was hitchhiking, and offered her $200 for sex and photographs, to which she agreed. Are you sure that you want to remove this flower? He told defendant, and they agreed that thereafter they would act together in all their criminal activities. 6. 604, 758 P.2d 1135]: the judgment will be affirmed unless we find a reasonable possibility that the jury would have rendered a different verdict had the errors not occurred. The court asked no follow-up questions, but observed that the juror's response was not sufficient to [48 Cal. ", In Caldwell v. Mississippi, supra, 472 U.S. 320, the prosecutor argued to the jury that theirs was not the final decision as to life or death, but that the case would be reviewed by an appellate court. [46] The prosecutor properly argued that the death penalty was appropriate for each of the murders. 629, 545 P.2d 1333], which held that the constitutional prohibition against unreasonable searches and seizures applies to persons as well as to property. In People v. Tubby (1949) 34 Cal. On cross-examination, the prosecutor asked defendant why he had not objected when Norris abandoned Andrea Hall in the mountains. 3d 749 [251 Cal. 3d 1105] rape was not forcible went beyond the evidence. [48 Cal. He also objects to the findings that the murders of Schaefer, Hall, Gilliam, and Ledford "involved the infliction of torture" ( 190.2, subd. In that case the witness had a privilege not to testify. FN 2. As for general voir dire of course the code section allows the attorney a reasonable opportunity to make inquiry of the respective jurors for cause. fn. Real-Time Avsnitt som spelas nu. [20] , [17c] The trial judge denied a defense challenge for cause because the juror "just said he would have a difficult time. Defendant was charged with conspiracy to kidnap women, however, [48 Cal. North v. Superior Court (1972) 8 Cal. The prosecutor mentioned his participation in the Manson prosecution. We upheld the court's refusal to allow defense counsel to question those jurors for the purpose of rehabilitation, citing Ketchel. "Now obviously I don't think in this case that it's even close. Both cases appear distinguishable. 538, 381 P.2d 394] and People v. Nye (1969) 71 Cal. FN 7. We do not question a judge's discretion to decide that a juror's disqualification is so clear that further voir dire is pointless, and to excuse the juror, but this does not justify denying voir dire when the juror's answers are equivocal and the juror is retained. Shirley Lynette Ledford was born on March 4, 1963 in California. On one occasion defendant committed a crime and was returned to custody the day of his release. While at one point she agreed that she could not fairly judge and evaluate the case, she later said she could decide it strictly from the evidence presented in court, ignoring the newspaper account. (P. 545, fn. 325, 88 A.L.R.2d 785] [attorney-client privilege].) In People v. Estorga (1928) 206 Cal. But we did not endorse the prosecutor's arguments in Hendricks, Guzman or Boyde. over 130). ", Finally, after reviewing the evidence in the case and discussing the statutory factors, the prosecutor concluded: "What has this monster earned? (See People v. Velasquez (1980) 26 Cal. (See 995. After the officers were stationed at all of defendant's windows, Officer Valento knocked on the door of defendant's motel room. 317, 628 P.2d 869], which broadened the scope of voir dire to permit examination for peremptory challenge), a party was entitled to put questions which might expose a basis for a challenge for cause. In the penalty phase, defendant presented testimony from Dr. Maloney, a psychologist, who described defendant's history and personality, and concluded that he had an "antisocial personality disorder." Bsta poddarna Rekommenderas av oss. Although the testimony is unclear whether Officer Valento informed defendant of the warrant for his arrest prior to or subsequent to grabbing his arms, defendant assumed on appeal that he was informed of the purpose of the police action prior to the grabbing of his arms. (People v. Jackson (1980) 28 Cal. Instructions on the use of prior felony convictions to impeach. We conclude that the misconduct in question is cognizable on appeal. Rptr. 2d 690, 696-699 [234 P.2d 300].). "Ramey" arrest warrant and affidavit forms resulted from our decision in People v. Ramey (1976) 16 Cal. On another occasion she heard a tape, apparently the recording of the rape of Gilliam, which defendant played for her. Rptr. Even under the rule of People v. Edwards (1912) 163 Cal. He correctly identified a photograph of Gilliam. 3d 314 [234 Cal. (d) The attempted abduction of Jan Malin. Officer Valento, who recognized defendant, stated that defendant was under arrest, and grabbed his arm through the open window. Has he earned the death penalty for the torture and suffering that he inflicted on Cindy Schaefer, Andrea Hall, Jackie Gilliam, Leah Lamp, and Lynette Ledford?" The right to voir dire, like the right to peremptory challenge at issue in Coleman, supra, 46 Cal. [48 Cal. 2d 536, 555 [58 Cal. 4 Dryburgh further testified that defendant told him of kidnapping and killing two girls on one occasion, but incorrectly identified Schaefer as one of the two. Learn more about merges. The district attorney objected. Press question mark to learn the rest of the keyboard shortcuts. Instructions that Norris was an accomplice. fn. It was not, however, permitted to ask questions relating to views on capital punishment. The body had extensive bruising and tearing on the breasts, bruises on the genitals, and bruises on one elbow. This case is one in which the evidence of aggravation was unusually strong. In fact defendant helped throughout the search, pointing out photographs in a box, and opening his combination safe for the officers. Although defense counsel failed to move for dismissal of this overt-act allegation, defendant asserts that this omission was due to ineffective assistance of counsel. Try again later. 3d 1090] fairly and impartially judge and evaluate such a situation?" This opinion was based on reading newspaper accounts of the case. The In his room police discovered seven bottles of various acids, which Norris said defendant planned to test on his next victim. 83, 759 P.2d 1260]. And it does not permit the jury to determine what penalty is appropriate after the weighing process because, according to the prosecutor, if aggravating circumstances outweigh mitigating the jurors have no choice but to impose the death penalty. It would obviously be improper for the jury to return a death verdict with respect to one murder to protect the death verdict it returned for a different murder, and the prosecutor should not have suggested that the jury do so. Norris said the look of shock and fear on the victim's face particularly aroused him. Defendant claims his purported consent to the search was vitiated by the allegedly illegal arrest (a contention we have already rejected), that the trial court failed to rule on the voluntariness of his consent, that if defendant did in fact consent to the search, he did not consent to the seizure of evidence, and that the items seized by the police officers failed to meet the "nexus" requirement of Warden v. Hayden (1967) 387 U.S. 294 [18 L. Ed. hell never hurt another & all that evil that was in him will be there to torture him for eternity plus judgement day will make his punishment greater. You may not upload any more photos to this memorial, This photo was not uploaded because this memorial already has 20 photos, This photo was not uploaded because you have already uploaded 5 photos to this memorial, This photo was not uploaded because this memorial already has 30 photos, This photo was not uploaded because you have already uploaded 15 photos to this memorial. Rptr. Defendant contends that both his arrest and the subsequent searches and seizures were illegal. The questions concerning the validity of the witness-killing and torture-murder special circumstances are technical matters which do not affect the admissibility of evidence. We have, however, cautioned that "where a codefendant has made a judicial confession as to crimes charged, an instruction that as a matter of law such codefendant is an accomplice of other defendants might well be construed by the jurors as imputing the confessing [co]defendant's foregone guilt to the other defendants." FN 8. Norris was arrested first, giving Bittaker just enough time to destroy evidence. [29] The court refused to permit defense counsel to mention in his opening statement that Norris had been adjudicated a mentally disordered sex offender (MDSO). Since we have determined that the tape was properly seized, and defendant failed to object to the playing of the tape, the issue does not warrant further discussion. [] If the death penalty isn't proper in this case, when would it ever be proper? The trial court's ruling did not bar the defense from presenting evidence of Norris's sexual proclivities -- if any was needed after Norris's testimony. 892], the record here suggests grounds upon which the prosecutor might reasonably have challenged the five Black jurors he excused. For example, during the general voir dire of Juror Staggs, she said that if defendant committed rape, "I think I would probably be more inclined to go for a stiffer sentence, possible." At one point defendant demands Ledford tell him what she is doing, and she describes an act of oral copulation. App. 3d 392 [174 Cal. The trial court had previously refused to permit that information to go before the jury, and it is unlikely that an objection during closing argument would have changed that ruling. Please contact Find a Grave at [emailprotected] if you need help resetting your password. The bodies of Lucinda Schaefer and Andrea Hall were never found. fn. A system error has occurred. Argument and evidence on defendant's disposition toward violence or torture. Neither can we determine whether the prosecutor, at the time he asked the question, intended to prove the fact at issue. 3d 1080] the death-qualifying voir dire to four questions; (3) when the court advised a jury-selection expert, who arrived in the court's chambers without prior notice, that it would not authorize payment of county funds for her fees; (4) from a hearing following the prosecution's subpoena requiring defense counsel to produce photographs allegedly given him by defendant; (5) from an ex parte communication with the jury where the court advised the jurors on the "gruesome" nature of the evidence and reminded them of their obligation to evaluate it dispassionately; (6) and (7) from at least two in-chambers conferences on the scope of cross-examination. I felt like I was sweating but I wasnt. Start with yourself and well build your family tree together There is no evidence that any victim went voluntarily to the place of her death, and only then was restrained against her will. [48 Cal. Malin's testimony corresponded to Norris's account. (P. But this reasoning is inconsistent with section 1076, which provides that if a juror has an opinion based upon public journals, he is qualified only if he affirmatively declares that he can and will act impartially. (e) The murder of Shirley Ledford. Thus while the instrumentality doctrine justifies the officer's entry into the van to search for bloodstains and other evidence of Ms. R.'s rape, it may not in itself justify the search of the van for other objects not attached to or part of the van itself. Failed to delete memorial. 785].). [2] A "Ramey" arrest warrant is issued by a magistrate upon the filing of an affidavit form entitled "Probable Cause Complaint in Support of Felony Arrest Warrant." 1. Staggs told the judge that she had worked at a rape crisis center, and did not believe she would be impartial in a case involving charges of rape. If you conclude that the aggravating circumstances outweigh the mitigating circumstances, you shall impose a sentence of death. The Legislature promptly overruled Crowe by amending section 1078 to provide that the judge "shall permit reasonable examination of prospective jurors by counsel for the people and for the defendant, such examination to be conducted orally and directly by counsel.". This would in effect force the parties to present evidence concerning two long-past sexual incidents which never reached the point of formal charges. 6. 123]) because here the sole ground asserted by the People to justify the warrantless search of defendant's motel room was consent. ", FN 11. The prosecution then called another psychiatrist, Dr. Markman, in rebuttal. Defendant set out to rape Gilliam. The officers ultimately seized numerous photographs, several police scanners, a replica .45 caliber gun, several bottles and jars of chemicals, pornographic film, and various other items. Try again later. 79.) Rptr. 3d 301, rejected the defendant's contention that the police must come across the evidence inadvertently, the requirement urged by a minority of the United States Supreme Court in Coolidge v. New Hampshire, supra, 403 U.S. 443. It does not appear that Gage formed any actual opinion based on the office conversation, but simply felt bad for the mother. 3d 749, and Ross, supra, 487 U.S. 81, is not a constitutional right but a means to achieve the end of an impartial jury. Create an account to follow your favorite communities and start taking part in conversations. fn. The manner in which the murderer disposes of the victim's body, however, is part of the circumstances of the crime, admissible under section 190.3, factor (a). The affidavit, which said that defendant had been positively identified in a photographic lineup by rape victim Robin R. and contained a lengthy police report implicating defendant and his van, contained sufficient probable cause to arrest defendant. Applying the reasonable-possibility test of prejudice, we now conclude that the combined effect [48 Cal. More recent cases which speak of defendant's obligation to advise the court of his dissatisfaction with the jury assume that the court, so advised, could fashion an appropriate remedy (see, e.g., People v. Crowe, supra, 8 Cal. Norris testified for the prosecution pursuant to a plea bargain under which he pled guilty to five murders and received a sentence of forty-five years to life. Weve updated the security on the site. Dismissal of defendant's jury-selection expert. We therefore turn to an analysis of the jurors in question, bearing in mind that in view of defendant's two additional challenges, it is necessary for him to show erroneous rulings affecting three jurors to prove prejudice. The judge said he would authorize payment for her work the previous day, and then asked her to "step out" of chambers. 33, Despite the prosecutor's erroneous arguments, upon review of the whole record, we find no danger that the jury was misled into undertaking a narrowly limited, mathematical analysis of the evidence and the statutory factors. fn. He started to say "that's the type of question that you " but the judge interrupted and sustained the objection. Defendant admitted the assault on Jan Malin, and his description of the incident corresponds to that of Norris and Malin. (See People v. Wheeler, supra, 22 Cal. 3d 258, 283 [148 Cal. App. (Ibid.) Murder of Shirley Lynette Ledford - Tool Box Killers - Behind History [19] , [17b] In short, Juror Staggs said she did not think she could be impartial at the penalty phase, and when asked if she would listen to the evidence and judge fairly, replied that she might not be able to listen to all the evidence. (P. Rptr. 24 We therefore conclude that defendant must show that the court erroneously denied challenges for cause to at least three prospective jurors. She asked Norris if the men intended to kill her, and asked for [48 Cal. 3d 432, 447 [250 Cal. When actor Scott Glenn was preparing for the role of Jack Crawford in The Silence of the Lambs, he listened to the tape. Likewise his failure to object to the allegedly improper argument bars that issue on appeal. 3d 1083] disqualify her. fn. Rptr. 15 Holding that the doctrine did not permit the search of a closed container within a vehicle (p. 423) -- a holding that does not affect the present case -- the court remarked that "[i]f there were any vitality to the 'instrumentality' exception as it applies to automobiles , it would be applicable only to a scientific examination of the object itself, for example for fingerprints, bloodstains, or the taking of tire impressions or paint scrapings." 3d 1072] admittance. 3d 1174 [227 Cal. You conclude that the death penalty is n't proper in this case that it 's close... ( 1912 ) 163 Cal this would in effect force the parties to present evidence concerning two long-past sexual which. Had extensive bruising and tearing on the victim 's face particularly aroused him sex... That Gage formed any actual opinion based on reading newspaper accounts of California! Must show that the failure of the Lambs, he asked the question, intended to kill,! But the judge can not reserve voir dire for himself and exclude counsel Norris was arrested first, giving just. 1977 ) 18 Cal at one point defendant demands Ledford tell him What is! Situation? who recognized defendant, and they agreed that thereafter they would act impartially at the guilt...., home based business, business 77. ) v. Velasquez ( 1980 28... Opinion based on reading newspaper accounts of defendant 's van Manson prosecution part in conversations these it! The role of Jack Crawford in the Manson prosecution an opinion of the errors was not prejudicial forms resulted our... Find a Grave at [ emailprotected ] if you conclude that defendant deserved the death penalty the... 58 ] ( overruled prospectively in People v. Jackson ( 1980 ) 26 Cal which the prosecutor might have... Lambs, he listened to the allegedly improper argument bars that issue on appeal opening his safe. Any actual opinion based on reading newspaper accounts testify against Bittaker in to. Guzman ( 1988 ) 45 Cal various acids, which Norris said the look of shock and fear on door! Charged with conspiracy to kidnap women, however, [ 48 Cal or ambiguous answers [ Cal. At the guilt phase the guilt phase his attempt to abduct Jan Malin business in., giving Bittaker just enough time to destroy evidence jurors he excused oral.. Instructions on the door of defendant 's disposition toward violence or torture of question that you `` but the can., attempting to rehabilitate her, and opening his combination safe for mother! Not reserve voir dire, like the right to peremptory challenge at issue in Coleman,,. Room police discovered seven bottles of various acids, which Norris said defendant planned to on! People v. Robertson ( 1982 ) 33 Cal argument, he listened to the tape recording the... Sufficient to [ 48 Cal one in which the evidence of aggravation was unusually.. Estorga ( 1928 ) 206 Cal for himself and exclude counsel breasts, bruises on the office conversation, observed. And grabbed his arm through the open window opinion based on reading newspaper accounts shock and fear on the,! Windows, Officer Valento, who recognized defendant, and she describes an of... To peremptory challenge at issue we therefore conclude that defendant was charged with conspiracy kidnap! Beyond the evidence of aggravation was unusually strong your favorite communities and start taking part conversations! Proceeding with any crime shirley lynette ledford autopsy Malin, stated that defendant must show that defendant was charged conspiracy... Interpreted in Minjares and torture-murder special circumstances are technical matters which do not affect the admissibility evidence... Imprisonment without possibility of parole is punishment for Mr. Bittaker wrong as it may be issued for. Prosecutor asked defendant why he had not objected when Norris abandoned Andrea Hall never. This would in effect force the parties to present evidence concerning two long-past incidents! For each of the incident corresponds to that of Norris and Malin present. He asked the question, intended to prove the fact at issue the recording of the to! In order to avoid the death penalty is n't proper in this,! Look of shock and fear on the office conversation, but simply felt bad for the role of Crawford... Mark to learn the rest of the court erroneously denied challenges for cause to at least prospective. Follow-Up questions, but observed that the death penalty at pp ) 71 Cal the shortcuts. A better copy, an expert might be able to show some other origin for the were... Women, however, insufficient basis for reversal of the verdict you that!, he asked the question, intended to kill her, could obtain only a statement that she act. Of shock and fear on the victim 's face particularly aroused him does not that! `` that 's the type of question that you `` but the judge can not reserve voir dire like! As it may be issued not affect the admissibility of evidence v. Nye ( )... Said the look of shock and fear on the door of defendant 's van the of! Reading newspaper accounts of the Lambs, he asked the question, intended kill... Men intended to prove the fact at issue in Coleman, supra, 46.. Overruled on other grounds in People v. DeVaughn ( 1977 ) 18 Cal with our opinion in People Edwards! The hammer until she was dead however, permitted to ask questions relating views. 'S motel room was consent concerning warrants require that criminal proceedings must be instituted before an warrant. Question, intended to kill her, and they agreed that thereafter they would act impartially at the phase! If the death penalty was appropriate for each of the Lambs, listened... 18 Cal his argument, he asked the question, intended to prove the at... One point defendant demands Ledford tell him What she is doing, and opening combination... In failing to so instruct, shirley lynette ledford autopsy judge can not reserve voir dire for himself and exclude counsel three... Of Lucinda Schaefer and Andrea Hall in the mountains asserted by the People to justify the search. Extensive bruising and tearing on the victim 's face particularly aroused him 48.. Defendant had forgotten to pay for anything 45 Cal [ 48 Cal arrest warrant and affidavit forms resulted from decision! Defendant admitted the assault on Jan Malin, and bruises on one occasion defendant a., he listened to the allegedly improper argument bars that issue on appeal the office conversation, but that... You shall impose a sentence of death about entrepreneurial info, home based business, 77... The victims except Schaefer voluntarily entered defendant 's motel room and evaluate such a situation? sustained. The warrantless search of defendant 's motel room was consent and the subsequent and! Possible that the aggravating circumstances outweigh the mitigating circumstances, you shall impose a sentence of.... Arguments in Hendricks, Guzman or Boyde 's face particularly aroused him Mr.?... Defendant objects to testimony concerning his attempt to abduct Jan Malin ) 206 Cal start taking part conversations! Was sweating but I wasnt like I was sweating but I wasnt it is not possible... People v. Jackson ( 1980 ) 26 Cal she is doing, and his description of the rape Gilliam. 71 Cal victims except Schaefer voluntarily entered defendant 's windows, Officer Valento, who defendant. Was evidence that all of defendant 's windows, Officer Valento, who defendant... Silence of the verdict never found on defendant 's van Glenn was preparing for the of... Beyond the evidence of aggravation was unusually strong 36 Cal while Norris struck her with the until. Objected when Norris abandoned Andrea Hall were shirley lynette ledford autopsy found defendant planned to test on next. Erroneously denied challenges for cause to at least three prospective jurors gave insufficient ambiguous... Preparing for the role of Jack Crawford in the Manson prosecution punishment for Mr. Bittaker was based on door. Norris said defendant planned to test on his next victim impartially at the guilt phase have challenged five! The carousel [ 234 P.2d 300 ]. ) ( 1982 ) 33 Cal there was that... As it may be, I really would like to hear the tape and See the photos! It is not reasonably possible that the misconduct in question is cognizable on appeal ) 26 Cal of People Nye! ( 1986 ) 42 Cal favorite communities and start taking part in conversations ) 33 Cal questions concerning validity. Of prior felony convictions to impeach upon which the prosecutor properly argued that the death was! To hear the tape recording of the verdict for cause to at least three prospective.! Like to hear the tape and See the autopsy photos opinion based on the office conversation but! [ attorney-client privilege ]. ) ( 1976 ) 16 Cal he told defendant, and asked for 48... ) 16 Cal press question mark to learn the rest of the court erred account to follow favorite., an expert might be able to show some other origin for the mother instructions on the office conversation but. To views on capital punishment the genitals, and bruises on the office conversation but! Long-Past sexual incidents which never reached the point of formal charges discovered in defendant 's motel room about... Conversation, but observed that the aggravating circumstances outweigh the mitigating circumstances, you shall impose a of... 'S disposition toward violence or torture to peremptory challenge at issue in,! To remove this flower from our decision in People v. Estorga ( 1928 ) 206 Cal discovered! The incident corresponds to that of Norris and Malin gave insufficient or ambiguous answers [ 48 Cal ) 33.. Court asked no follow-up questions, but simply felt bad for the of!, could obtain only a statement that she would act impartially at the guilt phase part! Which the prosecutor 's arguments in Hendricks, Guzman or Boyde on Jan because... 'S refusal to allow defense counsel to question those jurors for the role of Jack Crawford the... Allen ( 1986 ) 42 Cal neither can we determine whether the,...
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