Finding a parking spot in downtown Santa Fe on Friday may be harder than usual as lawyers in a high-profile Albuquerque criminal case begin a massive jury-selection process. The 3,151 jury qualification questionnaires that the state District Court jury clerk's office mailed out to local residents is unprecedented in New Mexico, and court clerks here expect to funnel 2,000 potential jurors through the Santa Fe Community Convention Center on Friday.
Constitutional Law; Effective Assistance of Counsel; Ex Post Facto Law; Retroactive Legislation; Trial by Jury; Guilty Plea; Maximum Penalty; Plain Error; Sexual Predator; Evidence.
Westmoreland County Judge Rita Hathaway on Thursday rejected an effort from defense attorneys to delay the capital murder trial of a former McKeesport man accused in the torture slaying of a mentally disabled woman two years ago. The judge met for about three hours behind closed doors with the prosecutor and the defense team for Ricky Smyrnes in preparation for next month's death penalty trial. Jury selection is slated to begin on Oct. 15.
Since 1976, the U.S. Supreme Court has required that death penalty regimes meet two requirements. First, in order to minimize arbitrariness in the imposition of the death penalty, states must reserve capital punishment to a narrow class of offenders, those most deserving of death. States have done so by requiring that the prosecution prove at least one aggravating factor, i.e., some circumstance that separates the capital defendant on trial from those ineligible to be executed. Second, states must allow for individualization in sentencing by permitting the defendant to introduce mitigating evidence in order to persuade the jury that he is undeserving of death. The outcome has been that the penalty phase of the typical capital trial results in a flood of information from both prosecution...
SAN BERNARDINO - The fate of the Old Fire arsonist was handed over to a jury Thursday. Lawyers wrapped up the penalty phase of the trial for Rickie Lee Fowler by delivering their closing statements inside a San Bernardino Superior courtroom.
Prosecutors have decided not to pursue the death penalty for Samuel Charles Wright, who was convicted this year of killing an elderly man and his daughter in 2002 at their Lake Arrowhead vacation home. Deputy District Attorney Robert Bulloch recently announced that he would not retry the penalty phase of Wright's trial after a jury deadlocked in March on whether he should receive the death penalty or spend the rest of his life in state prison without the possibility of parole.
A jury has been seated for the penalty phase trial of a former Swissvale man convicted for his role in the 2010 torture slaying of a mentally disabled Mt. Pleasant woman. Six men and six women will decide whether 22-year-old Melvin Knight should be put to death by lethal injection or sentenced to life in prison without the possibility of parole.
FLORHAM PARK - Kenrick Ellis is the kind of pick that has come to symbolize the Rex Ryan Jets, in which character concerns always seem to take a back seat to raw talent. Ellis has an incredible combination of size and talent, but there are many reasons why the 6-foot-5, 333-pound defensive tackle from Hampton was available with the 94th overall pick. He has had a string of off-the-field issues and, according to reports, is facing a July jury trial for an assault charge that could carry a penalty of 20 years in prison.
A jury has unanimously recommended that a Crestline man, who was convicted of a 2002 double homicide in Lake Arrowhead, spend the rest of his life in state prison without the possibility of parole. The jury presented the recommendation today for Jonathan Craig Holeman during the penalty phase of his trial in San Bernardino Superior Court. A court clerk publicly announced the jury's findings.
Defense attorneys are hopeful a "solid hang" - as in hung jury - in the penalty phase of Manling Williams' murder trial will win their client life in prison without parole rather than the death penalty. But a precedent on what the prosecution may be planning next is hard to find after a jury of six men and six women last week deadlocked: Eight favored giving Williams the death penalty while four favored life in prison.
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