maxine zazzara house address

• 8 September 2023

However, it is also the view of the court that the defendant should be fully informed regarding his choice of counsel, so that he may make his decision knowingly and intelligently. 128, 616 P.2d 1301.10 In response to questioning by the court, Prospective Juror Robert D. stated that he would not automatically vote to impose the death penalty and, instead, would consider all of the evidence before making a decision. The Court: Very well. If none is furnished on a particular point, the court may treat it as waived, and pass it without consideration. [Defense Counsel]: You know that Mr. Hernandez [codefense counsel] has been in El Paso talking to friends and relatives about testifying on your behalf? On September 2, 1985, a guard saw defendant in his jail cell bleeding from his right palm. The Court: Would you like him to stand? The high court denied relief, distinguishing Holloway on the basis that counsel had not protested his inability simultaneously to represent multiple defendants. (Mickens, at p. 173, 122 S.Ct. [Citation. The court instructed the jury that [t]he weighing of aggravating and mitigating circumstances does not mean a mere mechanical counting of factors on each side of an imaginary scale, or the arbitrary assignment of weights to any of them. [] The Court: I don't think there is any doubt but that that is true, and I accept that that is true. The court then admitted several exhibits without foundation, stating: I've got to have some kind of record.. Such malice may be express or implied. You can consider them only once., 10. One juror added: I just know he is the one arrested for murders he was to have committed. He was interrogated without counsel by the sheriff and confessed to bank robbery, kidnapping, and murder. Those are matters that must not affect your verdict.. United States Court of Appeals, Ninth Circuit. Defendant relies upon the bizarre nature of the criminal acts charged, [defendant]'s bizarre and abnormal behavior following his arrest, and the court's own questions at various court hearings regarding [defendant]'s competence. But none of these circumstances raised a question as to defendant's ability to understand the nature of the proceedings or assist counsel in his defense. [Citation. I just want to make perfectly sure you understand. 81, 9, p. He denied that he would always vote to impose the death penalty for first degree murder no matter what the circumstances that led to that conviction. He stated that he would not necessarily be committed from the outset to the imposition of the death penalty.. I am beyond good and evil. He also cites, as evidence of his delusional thinking and probable mental incompetence, the following statement he made just before the court imposed sentence: As for what is said of my life, there have been lies in the past and there will be lies in the future. Zazzara Night Stalker': 10 Most Terrifying Details About Satanic Serial At the time, Code of Civil Procedure section 203 provided that no juror shall be required to serve at a distance greater than 20 miles from his or her residence. (Stats.1980, ch. at pp. One stated: The weight to be given to the factors in aggravation and mitigation is a matter for each juror to determine. March 27, 1985: Vincent Charles Zazzara and Maxine Levenia Zazzara were both shot. 495.). ] (People v. Maury, supra, 30 Cal.4th 342, 395, 133 Cal.Rptr.2d 561, 68 P.3d 1. Again, you know, he was nodding and he was asleep because I could hear him snoring, The court dismissed the juror over defendant's objection, stating: I have from time to time observed Mr. ), A trial court's denial of a motion for severance may be reversed only if the court has abused its discretion. 867, 750 P.2d 741, we recognized a theoretical problem in section 190.3, factor (a), because it directs the jury to consider both the circumstances of the crimes and the existence of any special circumstances. We noted: Since the latter are a subset of the former, a jury given no clarifying instructions might conceivably double-count any circumstances' which were also special circumstances. On defendant's request, the trial court should admonish the jury not to do so. We were quick to point out, however, that the possibility of actual prejudice seems remote (Ibid. It is clear, therefore, that Hispanics were not systematically excluded from the venire from which defendant's jury was chosen.9. Maxine L. Zazzara, Downey, Cal., argued, for defendant-appellant. Defendant maintains that he was deprived of his rights under the Eighth and Fourteenth Amendments to the federal Constitution because the trial court ordered that his determinate sentence of more than 59 years be served after execution of the death sentence. We recognized in Champion that it is possible the jury might improperly consider at the penalty phase evidence introduced at the guilt phase to show bad character. 2. Defendant was arrested on August 31, 1985, and the felony complaint against him was filed on September 3, 1985. He was a student, Salerno said in the documentary. [Citation.] A blood sample recovered from the house in which Mary Cannon was murdered differed from defendant's blood type. 476. Dr. 8.85 do not violate the Eighth and Fourteenth Amendments by failing to delete inapplicable sentencing factors or delineate between aggravating and mitigating circumstances. Telephone: (608)-835-3101. Defendant personally waived his right to testify in his own behalf and stated that he agreed with his counsel's decision not to present any additional evidence at the penalty phase. (a)), five counts of attempted murder (187/664), four counts of rape (261, former subd. The victim yelled for help from a neighbor who was a deputy sheriff. Night Stalker Richard Ramirez However, when Ramirez did come in and the alarm was pressed it didnt go off. ), It is not clear how defendant is assisted by our decision in Beeler, but any such assistance is lessened by the fact that the circumstances in Beeler differ greatly from those in the present case. I agree with that. She had been strangled and beaten and stabbed in the neck. The Whittier, CA, home was familiar to Ramirez as he had burglarized it one year earlier. WebPhysical Address: Oakhill Correctional Institution 5212 County Hwy. Defendant argues he was denied a reliable determination of his penalty guaranteed by the Eighth Amendment, citing Caldwell v. Mississippi (1985) 472 U.S. 320, 328-329, 105 S.Ct. For this reason, one mitigating factor can sometimes outweigh a number of aggravating factors in a particular case. Defendant contends that his waiver of his right to conflict-free counsel was defective. 630, 774 P.2d 659, defendant is entitled to relief only if he can actually show that his right to an impartial jury was affected because he was deprived of a peremptory challenge which he would have used to excuse a juror who sat on his case. Unless, in addition to exhausting his peremptory challenges, the defendant expresses dissatisfaction with the jury ultimately selected, we cannot know whether the earlier denial of the challenge for cause deprived the defendant of a peremptory challenge that he or she would have used to excuse a juror who sat on his case. The court gave the standard sentencing instruction (see CALJIC No. 558-559, 15 Cal.Rptr.3d 743, 93 P.3d 344.] A trial court should grant a mistrial only when a party's chances of receiving a fair trial have been irreparably damaged, and we use the deferential abuse of discretion standard to review a trial court ruling denying a mistrial. (People v. Bolden (2002) 29 Cal.4th 515, 555, 127 Cal.Rptr.2d 802, 58 P.3d 931.) ) (People v. Cornwell, supra, 37 Cal.4th 50, 106, 33 Cal.Rptr.3d 1, 117 P.3d 622; People v. Harris, supra, 37 Cal.4th 310, 366, 33 Cal.Rptr.3d 509, 118 P.3d 545.). Failure to Narrow Class of Death-eligible Defendants, Defendant contends that the death penalty statute applicable in this case failed to meaningfully narrow the class of defendants eligible for the death penalty, in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution. Further, the jury commissioner adopted a suggestion by defendant that significantly increased the representation of Hispanics on this new master list. Their names are Adam Casas, L Casas, and three others. This was reasonable, because this was the area from which the jurors actually were summoned. Because of the two contracts, the court will request if at any time there is the slightest possibility that a potential conflict might exist, you immediately inform whatever court this is in so that that problem can be raised and taken care of. WebMadison, Wisconsin white page directory listings include full name, phone number and address. In any event, we repeatedly have held that instructions in the language of CALJIC No. In the docuseries, detective Frank Salerno says, he got comfortable after killing someone he would take the time to have a snack.

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