In June of 1990, [Steven Van McHone] was living with his mother and stepfather. His stepbrother, [Wesley Adams Jr.], and his stepbrother's wife were visiting. On the afternoon of June 2, preceding the homicides, Steven McHone and his friend Jimmy McMillian, along with Jimmy's girlfriend, Tammy Sawyers, went to Mount Airy and bought a pint of Jack Daniels. McHone and McMillian drank it down. They then went to a Pizza House in Winston-Salem for supper. Each of the two young men drank a pitcher of beer. They bought more Jack Daniels and headed out for a party in Mount Airy. They were stopped on the way and McMillian was arrested for drunk driving. The officer looked at McHone, and told Tammy Sawyers to drive. McHone seemed drunk when he arrived at the party. His girlfriend (whom h...
A man charged with killing a married father of two last August as he waited at an intersection in Severn is not competent to stand trial, a county judge ruled Monday in Annapolis. The ruling - based on an evaluation by a state doctor and supported by prosecutors - put an indefinite hold on proceedings pending against 26-year-old James William King Jr., who is charged with first-degree murder in the Aug. 6 slaying of Calvin Chi-Man Yeung, 40, of Severn. A jury trial had been scheduled to begin next week.
Trial court did not err when it sustained the States objection to defense counsels specific line of questioning regarding the use of bleach as a home remedy during voir dire. Trial court did not abuse its discretion when it permitted social worker to testify regarding statements made by minor child because the statements were non-testimonial and were made for medical diagnosis and treatment purposes pursuant to Evid. R. 803(4). Trial court did not err by denying appellants request that the court instruct the jury that the minor child did not testify during trial because she was found to be incompetent. Evidence adduced during trial was sufficient to sustain appellants convictions. Appellants convictions were not against the manifest weight of the evidence. Judgment affirmed. ...
On Dec. 5, the Deseret News reported lawyers from the Utah Attorney General's Office want to amend the Utah Constitution to give the Legislature sole authority to decide what criminal post- conviction cases appellate courts can review. Right now that authority lies largely with the appellate courts, statutes and rules. The lawyers have the laudable goal of speeding up criminal case reviews, especially in death-penalty cases, which are my subject here. But their proposal probably won't create a good result. Death-row inmates in most cases the Utah A.G. lawyers want to impact are making "collateral attacks" on their convictions long after their cases are final. They are not directly attacking what happened at their trial - they do that right after trial when they appeal. In collaterally a...
...They provided evidence they had an IQ in the mental retardation range. No...
Trial court's judgment that respondent was not legally incompetent was supported by credible evidence. No abuse of discretion occurred.
Many Italian newspapers, including the most important ones, published memorial articles Aug. 23 noting the 80th anniversary of the execution in Massachusetts of Ferdinando (Nicola) Sacco and Bartolomeo Vanzetti and retelling the story of the notoriously unfair trial that sent them to their deaths. In fact, such articles have appeared every single year since 1927. A new American book about the trial, "Sacco and Vanzetti - The Men, the Murders and the Judgment of Mankind," by Bruce Watson, makes a strong case for the proposition that the prosecution manufactured evidence, the defense was incompetent, and the judge did his best to prejudice the jury. And all this took place in the midst of public hysteria stirred up by politicians using fear and ethnic prejudice to gin up political support...
Permanent Custody. Sealing of children's guardian ad litem's report and refusing to consider it as substantive evidence. Mother incompetent and appointed guardian in Probate Court. Expert Witness. I.Q. of father and failure to object. Ineffective assista
The Innocent Man documents apparent wrongful convictions of at least five other men, leaving us struggling to maintain our faith in the criminal justice system. [...] were the mistakes-lost evidence, pseudoscience presented as solid proof, shoddy detective work, incompetent forensic analysis, and a blind defense lawyer who overlooked that his client was mentally ill and who lost his co-counsel along the way. Underlying recurring problems include faulty eyewitness identification, forensic practices lacking scientific foundation, overreaching conclusions from limited evidence, unreliable informants, false confessions, and malfeasance or negligence by investigators, prosecutors, defense attorneys, and judges.
Ineffective assistance of counsel; incompetent expert opinion; insufficient evidence; hearsay; acquittal-first jury instruction and verdict form; dictionary; R.C. 2929.14(B).
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