Instructions on the use of prior felony convictions to impeach. Learn more about managing a memorial . It was never intended by this provision of the constitution to take from the defendant in a criminal action his fundamental right to a jury trial or in any substantial manner to abridge this right." By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Defendant presumably could have given the court or counsel any information he had at that time. [48 Cal. The trial court cannot on this record be said to have acted improperly in denying the challenge for cause. (Hill, supra, 12 Cal.3d at p. Explorer Hitta liknande podcasts. The police ultimately recovered fourteen photographs and five letters, two of which were introduced as evidence. Once an individual is arrested and is before the magistrate, the 'complaint' is functus officio ." (Fn. fn. In determining whether the defendant has made such a showing, trial judges may "bring to bear on this question their powers of observation, their understanding of trial techniques, and their broad judicial experience." In June of 1979 Norris attempted to rape a woman, but she escaped. 3d 314 [234 Cal. At one point defendant demands Ledford tell him what she is doing, and she describes an act of oral copulation. Norris had pleaded guilty and agreed to testify against Bittaker in order to avoid the death penalty. 121, 754 P.2d 168, A.L.R.4th 1507], concerned a different situation. At the beginning of the tape, the sounds one hears are of Bittaker slapping her. (Italics added. Your email address will not be published. On October 31, 1979, 16-year-old Lynette was on her way home around 10.30 pm from a Halloween party in the San Fernando Valley of Los Angeles when she encountered two real-life monsters Lawrence Bittaker and Roy Norris, also known as the Tool Box Killers. Any juror sitting in a case such as this would properly expect the issues and evidence to have an emotional impact. (See People v. Rist (1976) 16 Cal. 4.) This would in effect force the parties to present evidence concerning two long-past sexual incidents which never reached the point of formal charges. 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. Question three asked: "Do you have such a conscientious opinion or religious conviction regarding the death penalty that if you found the defendant guilty of murder in the first degree and you found the special circumstances alleged to be true, that you would automatically find the penalty to be life imprisonment without the possibility of parole?" 3d 539. Rptr. Shown a picture of Lucinda Schaefer, Dryburgh said she was one of the girls in the photographs he had seen. Rptr. We conclude that the misconduct in question is cognizable on appeal. The conference at which the court made its ruling was unreported. Add to your scrapbook. Gage remembered hearing some conversation that included the fact that a victim's mother worked in the building, but recalled no other details of the conversation. Defense counsel asked Staggs if it was her position that, because of "your strong feelings about victims of rape, that you would be unable to really [48 Cal. This site is protected by reCAPTCHA and the Google. He told Norris he had taken more pictures. fn. FN 26. ", 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. 12 After receiving no response from within the motel room, Officer Valento knocked two more times. This account has been disabled. "What this means is, say to give a simple example, if we were to give actual weight in pounds and ounces to the aggravating circumstances and the mitigating circumstances, if the aggravating circumstances weighed 10 pounds and one ounce and the mitigating circumstances weighed 10 pounds, then you would be duty bound to impose a death penalty. Learn more about merges. 3. Gary Louie, the victim of defendant's 1974 assault, testified at the penalty trial. 77, 655 P.2d 279]. Thus there is no evidence to support an instruction on the crime of false imprisonment. Sergeant Farrand, an officer participating in defendant's arrest, testified that Officer Valento announced that it was the Burbank police after knocking on the door. But we did not endorse the prosecutor's arguments in Hendricks, Guzman or Boyde. 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. In response to the fourth question, whether she would automatically vote for death if she found defendant guilty of first degree murder with special circumstances, she replied, "Well, if all the evidence pointed that way, yes.". Defendant said that after making the tape he returned to his motel, leaving Ledford with Norris. (P. 545, 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." The prosecutor referred to this event in his penalty phase argument. Finally, defendant testified that Shirley Ledford agreed to sexual acts for money, and to making of a tape. 340, 426 P.2d 908]; see People v. Valerio (1970) 13 Cal. 79-80. She responded with an unqualified "yes." Please contact Find a Grave at [emailprotected] if you need help resetting your password. Sunland, Los Angeles County, California, USA. The prosecution then called another psychiatrist, Dr. Markman, in rebuttal. (Compare People v. Hoban (1985) 176 Cal. The bodies of Lucinda Schaefer and Andrea Hall were never found. 2d 410, 100 S. Ct. 2395] [warrant required to view films lawfully in possession of Federal Bureau of Investigation].) He later said it brought him to tears, and caused him to change his stance on capital punishment, from anti to pro. We have reviewed the record, and while we find statements by White jurors similar to those by the challenged jurors, in each case the statement of the challenged juror took a form more likely to inspire a prosecution challenge. 3d 542 [146 Cal. Are you sure that you want to report this flower to administrators as offensive or abusive? 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." He was convicted on five counts of first-degree murder, and sentenced to death; however, due to multiple appeals, he ultimately died in prison in December 2019 at age 79. Carmichael said that "[n]o authority has been called to our attention which can be construed as holding that section 4 1/2 of article VI [now art. English DESPICABLE PAIR BOTH DEATH. 532, 535 [93 P. 99]; People v. Diaz (1951) 105 Cal. FN 33. (Bittaker subsequently earned the nickname Pliers from his desire to twist and tear girls nipples with his pliers he had used them in the torment of at least one previous victim.). Norris in return agreed to help the sheriff to find the bodies of the victims and physical evidence relating to the murders, to testify at defendant's trial, and to plead guilty to five counts of murder without special circumstances, two counts of rape, and one of robbery. Because even if Bittaker is executed in the gas chamber at San Quentin, that's quick and humane compared to what he did to these poor, tortured girls.". 275].) Defendant also told Lambert of his abduction of two girls on one occasion, and of another girl on Halloween night (when Ledford was murdered). 239].). She also spontaneously stated that she believed that a person is innocent until proven guilty. 3d 392, 412, and declared that "[a]lthough in many contexts a procedure depriving defendant of the right to secure an impartial jury necessarily dictates reversal (see, e.g., People v. Wheeler [48 Cal. Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! [36] The court instructed the jury that Norris was an accomplice as a matter of law, and his testimony required corroboration. 20 Defendant asserts this limitation constitutes reversible error. Photos larger than 8Mb will be reduced. He [48 Cal. After the girls entered the van, Norris hit Lamp with a sap (a plastic bag filled with lead weights), then subdued and tied Gilliam. 11. The parties carried out their bargain, and Norris is presently serving a life sentence. 6 based upon an affidavit filed by a Sergeant Bynum of the Hermosa Beach police department. The prosecutor's question concerning a letter to Shoopman. Verify and try again. fn. Defendant was known to carry weapons. The defense exhausted its additional challenges. Defense counsel did not object to any of these assertions at trial. Rptr. Norris had been convicted of rape. On this record we conclude that the trial court erred in denying the challenge for cause. 3d 1076] signed that portion of the opinion. Despite finding 20 multiple-murder special circumstances, the jury was aware at all times that there were 5, not 20, murders. Defendant turned on his tape recorder. 3d 749, 770 and cases there cited) or can justify his failure to do so (People v. Box (1984) 152 Cal. 3d 512. 2d 418 [67 Cal. Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. 638-639.) [9] Defendant argues that assuming the seizure of the cassette tapes from his van was lawful, it was unlawful for the police to "search" (i.e., listen to) the Ledford tape without a warrant. 3d 351 [128 Cal. We held that Teale did not intend to limit the seizure of evidence in plain view only to those objects within the immediate reach of the person arrested. [31] Christina Dralle testified that when she rejected defendant's advances, he pulled a gun and said, "you wouldn't argue if I pulled the trigger." [17a] This reasoning necessarily implies that an erroneous denial of a challenge for cause can be cured by giving the defendant an additional peremptory challenge. Since the error is not of constitutional dimension, the appropriate test of prejudice is the "reasonable probability" test set out in People v. Watson (1956) 46 Cal. The evidence was graphic and compelling, [48 Cal. Press question mark to learn the rest of the keyboard shortcuts. The officers reasonably assumed that defendant had access to a weapon, because the offenses charged in the warrant involved the use of a weapon, previously Officer Valento contacted defendant concerning a report that he had exhibited a firearm during a strike at his place of employment and found that defendant had a replica gun but had live ammunition as well, and the officers had received information that defendant might have some sort of chemical, Mace, or tear gas. The fourth question asked: "Do you have such a conscientious opinion or religious conviction regarding the death penalty that if you found the defendant guilty of murder in the first degree and the special circumstances herein alleged to be true, that you would automatically find the penalty to be death?" The court's ruling was apparently based on those grounds. 25 The critical question is whether Gage properly declared that she could act impartially and fairly. ", 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. (Pp. 3d 264, 309-310 [168 Cal. Please ensure you have given Find a Grave permission to access your location in your browser settings. Rptr. It's not a question of whether you like the death penalty or you don't like it or you're in favor of it or you're opposed to it. 393, 528 P.2d 1].) 22. Defendant told Douglas that he tortured Ledford by pulling on her genitals and breasts with a vise grip. (See Parsely v. Superior Court (1973) 9 Cal. Please reset your password. Once you decide, if you do, that the aggravating circumstances outweigh the mitigating circumstances, it's automatic." In that decision we offered a number of reasons for rejecting the claim that an erroneous denial of a challenge for cause was reversible per se; the most important, we said, was that "the error here did not result in a jury particularly apt to impose the death penalty, and there is no indication that the jury before which defendant was tried was anything other than fair and impartial." Teale, supra, 70 Cal. 2d 356, the judge also excused prospective jurors each of whom had "made it unmistakably clear that he would not vote in favor of the death penalty under any circumstances, no matter what evidence was presented." 2d 690, 696-699 [234 P.2d 300].). FN 2. (See 995. The mother of one of the victims worked in the same building as Gage, but there is no indication that they knew each other or had even met. 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. He claims that when the officers began seizing items contained in the van, rather than merely "examining" the van for its "evidentiary value," the officers went beyond the permitted examination. Defendant testified that none of the victims was restrained involuntarily in his presence. 1770]) the judge asked the jurors if they had any belief "that would prevent you from voting for the death penalty simply because of the fact that it is the death penalty?" (We express no opinion as to whether the evidence might also be admissible to prove identity under Evidence Code section 1101.). Genitals and breasts with a vise grip which were introduced as evidence describes act. Emotional impact press question mark to learn the rest of the keyboard shortcuts the use of prior felony convictions impeach... 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