7 results for 'cat:"Judiciary" AND cat:"Murder"'.
J. Molter finds that the trial court improperly disqualified defendant's attorneys during his murder trial after becoming concerned that they were not representing defendant effectively. The judge should have considered less drastic measures and the attorneys should be reinstated. However, because the decision was not made with bias, defendant's request to have the judge replaced is denied. Reversed in part.
Court: Indiana Supreme Court, Judge: Molter, Filed On: February 8, 2024, Case #: 23S‐OR‐311, Categories: judiciary, murder
J. Bamattre-Manoukian denies the murder convict’s petition for a writ of mandate to disqualify a judge who denied his petition for resentencing once, and then again after the Sixth District reversed and remanded the first order. Laws cited address a trial judge in a prior proceeding who is assigned to conduct a new trial, not to rule on a request for resentencing. Petitioner fails to demonstrate that his post-appeal proceeding is a “new trial.” Affirmed.
Court: California Courts Of Appeal, Judge: Bamattre-Manoukian, Filed On: September 29, 2023, Case #: H050633, Categories: judiciary, murder, Sentencing
J. Crichton finds that Article 930.10 of the Code of Criminal Procedure, which allows the judicial branch to exercise the governor's power to pardon a final conviction, is unconstitutional. The statute permits a court to create a “post conviction plea agreement” for the purpose of “amending the petitioner’s conviction,” by overturning a defendant's final conviction, and then, accepting their guilty plea and imposing the agreed upon sentence. Article 930.10 allows a court to overturn a final conviction solely because a defendant and the district attorney jointly requested the court to do so, and this violates the doctrine of separation of powers. In this case, the district court should not have denied the Attorney General’s motion to vacate defendant's post-conviction plea agreement as unconstitutional. Further, the district court's decision overturning defendant’s second degree murder conviction is vacated. Reversed.
Court: Louisiana Supreme Court, Judge: Crichton, Filed On: September 8, 2023, Case #: 2022-KK-01827, Categories: Constitution, judiciary, murder
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J. Zukin finds that defendant's peremptory challenge to disqualify a judge as she sought resentencing on a felony murder conviction was properly denied. The hearing relies on the record and the trial court is bound by the jury's prior finding about whether a defendant acted with reckless indifference or was a major participant. And although the state must prove beyond a reasonable doubt that a petitioner is ineligible for resentencing, a resentencing hearing held after a reversal and remand of a denied petition for resentencing is not a new trial that would entitle defendant to a peremptory challenge.
Court: California Courts Of Appeal, Judge: Zukin, Filed On: July 21, 2023, Case #: B325769, Categories: judiciary, murder, Sentencing
J. Elrod denies the capital murder convict’s application for a certificate of appealability, also finding the district court properly denied his motion to recuse the judge. Convenience store video clearly shows defendant pouring lighter fluid over the 76-year-old clerk, demanding money, receiving it, then lighting her on fire before calmly leaving. Associates of defendant and officer testimony support the court’s finding on defendant’s being a continuing threat and the Supreme Court has held that Texas’ capital punishment scheme regarding acts of violence constituting a continuing threat is not unconstitutionally vague. The Fifth Circuit has often reaffirmed this holding. No reasonable person would find the court’s assessment of the constitutional claims wrong or would doubt its impartiality. Affirmed.
Court: 5th Circuit, Judge: Elrod, Filed On: July 18, 2023, Case #: 22-70005, Categories: Constitution, judiciary, murder