In his room police discovered seven bottles of various acids, which Norris said defendant planned to test on his next victim. All of these arguments fail if Dr. Markman's testimony was proper rebuttal to the defense penalty evidence. 890, 583 P.2d 748]; People v. Carmichael, supra, 198 Cal. It does not appear that Gage formed any actual opinion based on the office conversation, but simply felt bad for the mother. This would have enabled his attorney to research Douglas's background, prepare for his testimony and assess whether they should have modified the defense strategy in light of Douglas's expected testimony. Defendant claims that if present he could have given the court or his attorney information that may have served as a basis for the court granting a continuance. Thus while we advise against language in a plea bargain which purports to give the district attorney, and not the court, discretion to determine whether the witness testified truthfully, we find no reversible error. Try again. 442], defendant, an attorney, was accused of defrauding a senile client. (Italics added.) 3d 212, 262-266 [250 Cal. So that I wouldn't be listening wholly to the evidence.". Coleman in turn relied on the decision of the United States Supreme Court in Ross v. Oklahoma (1988) 487 U.S. p. 81 [101 L. Ed. Rptr. 3d 333, 360 [233 Cal. 30 Anticipating the obvious rejoinder that the defense, through Dr. Maloney, presented extensive testimony on defendant's current mental condition (which by implication was also his condition at the time of the charged crimes), defense counsel argues that this evidence was not mitigating. (Photo of grave marker; courtesy of Steve Smith), Thank you for fulfilling this photo request. Lawfulness of search of impounded van. The record showed that the prosecutor challenged 5 of 6 Black jurors (83.3 percent) and 21 of 60 White jurors (35 percent). WebThe audio tape Bittaker and Norris created of themselves raping and torturing Shirley Lynette Ledford remains in the possession of the FBI Academy. WebThe murders of Cindy Schaeffer, Andrea Hall, Leah Lamp, Jackie Gilliam, and Shirley Lynette Ledford. Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more! Nothing has made me react like this before. Code, 913; see People v. Wilkes (1955) 44 Cal. (People v. [48 Cal. A system error has occurred. [15] We see no reason why the courts should not recognize those differences, and limit reversals to those cases in which the erroneous ruling affected defendant's right to a fair and impartial jury. Create your free profile and get access to exclusive content. 3d 1076] signed that portion of the opinion. 3d 731, 763 (overruled on other grounds in People v. DeVaughn (1977) 18 Cal. (Id., p. When Norris finished torturing Ledford, defendant told him to kill her. The two then opted to dump her body on a random lawn in the Sunland neighborhood, because they wanted to see the press reaction to its discovery. He would just go out and do the same thing again." Use Next and Previous buttons to navigate, or jump to a slide with the slide dots. 3d 912, 924 [92 Cal. WebShirley Ledford was on her way home from a Halloween party when she was taken from outside a gas station in the Sunland-Tujunga suburb of Los Angeles on Oct. 31, 1979. When Schaefer walked by, he grabbed her and dragged her into the van. 3d 889, 896 [135 Cal. The prosecutor's appeal, to be sure, was largely aimed at the emotions of the jury, but at the penalty phase, where the issue is whether defendant should be killed, considerable leeway is given for emotional appeal so long as it relates to relevant considerations. 2d 679, 687 [284 P.2d 481] [marital privilege]; People v. Lathrom (1961) 192 Cal. Defendant raped her, then Norris a second time. Finally, defendant testified that Shirley Ledford agreed to sexual acts for money, and to making of a tape. 77.) (People v. Armendariz (1984) 37 Cal. cemeteries found within kilometers of your location will be saved to your photo volunteer list. Rptr. With Norris's assistance, the police discovered and identified the skulls of Jacqueline Gilliam and Leah Lamp. He then strangled Hall until she died and threw the body over an embankment into some bushes. Are you sure that you want to delete this photo? App. (Pp. Defendant claims such instructions are incomplete because they omit the purpose of the torture. The Toolbox Killer Airs Sunday, October 3rd. [25] It is clear that defendant's motion was untimely. ), [26] Defendant now contends that since this evidence was excluded at the preliminary examination, the accompanying overt-act allegation should have been dismissed on a motion under section 995. After about 45 minutes defendant emerged, and the 2 men argued whether to kill Schaefer. Under the agreement, if the district attorney finds that Norris did not testify truthfully, and Judge Hinz finds no abuse of discretion, the bargain is set aside, and the prosecution may seek the death penalty. 2d 842 [56 Cal. Learn more about managing a memorial . 2d 620 [6 Cal. 3d 263 [127 Cal. Six months after we filed People v. Steger, however, People v. Wiley (1976) 18 Cal. This argument, however, depends upon defendant's further claim that there was no "nexus" between the items seized and criminal activities, for given a suitable "nexus," the police may seize any item discovered during a consensual search. Shirley Lynette Ledford Born March 4, 1963 in California She worked part time at a restaurant Theres hardly any information out there about her An autopsy was done and in addition to the strangulation they saw medianet_height = "250"; But every one of those jurors was removed by prosecution or defense challenge. Thus the trial court had authority to exclude evidence seized in violation of the California Constitution as interpreted in Minjares. 3d 351 [128 Cal. (People v. Wheeler, supra, 22 Cal. In order to intelligently exercise the right to challenge for cause defendant's counsel must be accorded reasonable opportunity to lay a foundation for the challenge by questioning the prospective jurors on voir dire to learn whether any entertain a fixed opinion of this nature." 2d 356 [78 Cal. The court replied, " that's true. 3d 1065]. The trial court cannot on this record be said to have acted improperly in denying the challenge for cause. [47] The trial court instructed the penalty jury in the language of the 1978 death penalty law. Defendant certainly had a right to attempt to show that Norris and Jackson had committed some of the crimes of which he was charged. 2d 720, 729-731 [16 Cal. [48 Cal. On July 4, 1979, defendant and Norris set out to find another victim. WebFind a Grave, database and images (https://www.findagrave.com/memorial/6681995/shirley-lynette-ledford: accessed ), memorial page for Shirley Lynette Ledford (4 Mar 19631 Defendant also claims other portions of the prosecutor's argument were misconduct: 1. Officer Valento, who recognized defendant, stated that defendant was under arrest, and grabbed his arm through the open window. 3d 1088] 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, he is entitled to reversal; he does not have to show that the outcome of the case itself would have been different. fn. The car was later searched at the police station and incriminating evidence was discovered. App. Juror Hein formed an opinion of the case based on reading newspaper accounts. Rather, seizure of any object in plain view which is itself evidence of a crime is legal (ibid.) In the case at bar, the police were furnished a description of defendant's van by Robin R., who was allegedly kidnapped and raped by defendant and Norris in the van. During the first day of jury selection, jurors were questioned individually in chambers concerning their views of the death penalty. But the further implication that Norris had no history of violent rape probably could not have been cured without informing the jury that Norris had such a history. Because it was equivocal, the judge did not err in finding it insufficient to require her dismissal for cause. Meanwhile, several jurors started to cry. Rptr. 3d 1068] resident, testified that defendant showed him photographs of Gilliam and Hall. When the jury was finally selected, defendant did not claim that any juror was incompetent, or was not impartial. Rptr. She agreed. 3d 36, 67.) The district attorney objected. 2d 782, 87 S. Ct. 1642], and People v. Hill, supra, 12 Cal. [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." fn. (Jackson, supra, at pp. [44] The prosecutor argued without objection that "Bittaker was the one with the violent past" and that "Norris had been sent to prison on a rape by threat, not forcible rape, but a rape by threat." 82, 739 P.2d 1250] further declares that "where equivocal or conflicting responses are elicited , the trial court's determination to his true state of mind is binding on an appellate court.". 369, 506 P.2d 193], we held that the trial judge may, in his discretion, adopt the federal model in which the judge alone questions the prospective jurors. They would get together on weekends, and go to the beach where defendant would photograph teenage girls. On another occasion she heard a tape, apparently the recording of the rape of Gilliam, which defendant played for her. 3d 211, 219 [127 Cal. 3d 934, 938 [109 Cal. 2d 694, 86 S. Ct. 1602, 10 A.L.R.3d 974]) warnings and without defendant's counsel being present. On September 30, they saw Jan Malin park her car in an apartment garage, and return to the garage entrance to close the garage door. (a) Comment on defendant's failure to call Dr. Coburn. Rptr. Conversely, Officer Valento testified that he "didn't announce [his] presence at all when [he was] knocking.". Please enter your email address and we will send you an email with a reset password code. Ledford's bracelet was discovered in Norris's apartment. (People v. Ghent, supra, 43 Cal. You need a Find a Grave account to continue. Please complete the captcha to let us know you are a real person. We agree with defendant that this instruction was erroneously incomplete. However, the trial court properly relied on People v. Teale (1969) 70 Cal. Norris described the other photographs, which showed Hall nude in various poses. In the penalty phase, defendant presented testimony from Dr. Maloney, a psychologist, who described defendant's history and personality, and concluded that he had an "antisocial personality disorder." The judge asked if she would be willing to listen to the evidence and be a fair and impartial juror; she said that "I could try, but I believe it would be difficult. Defendant had mailed the photograph in evidence to Richard Shoopman, an inmate friend. The problem in applying this rule is that it makes the issue turn on the prosecutor's good faith, and the record will rarely contain evidence bearing on that matter. 2d 497, and North v. Superior Court, supra, 8 Cal. He testified that he and Norris picked up Andrea Hall when she was hitchhiking, and offered her $200 for sex and photographs, to which she agreed. At that point the prosecution had used 21 challenges. 3d 1079] record on appeal is insufficient for us to conclude these asserted grounds constitute ineffective assistance of counsel. When he returned, defendant was alone. Are you sure that you want to remove this flower? 5. FN 18. Don't you believe that if there was some psychiatric evidence favorable to the defendant, that you would have seen it, when he's on trial for his life right now?". 3d 1 [139 Cal. The present case antedates the enactment of article I, section 28, of the California Constitution, which bars exclusion of relevant evidence in criminal proceedings. 3d 1085], Both cases permit the court to excuse a juror when that juror has given an unequivocally disqualifying answer. It is our position, of course that a capital case is so unique that asking four general questions often is not adequate to really ascertain the thinking process of a particular juror, particularly in view of the fact that the questions which are based on Witherspoon sometimes create problems for an individual to comprehend. ), As in People v. Dominick (1986) 182 Cal. Please check your email and click on the link to activate your account. [36] The court instructed the jury that Norris was an accomplice as a matter of law, and his testimony required corroboration. 2d 497 [75 Cal. ", Finally, after reviewing the evidence in the case and discussing the statutory factors, the prosecutor concluded: "What has this monster earned? 1. 3d 731, we noted that in Warden v. Hayden, supra, 387 U.S. 294, the United States Supreme Court held that police may not indiscriminately seize items discovered during the course of a lawful police search. App. They drove to the mountains where he and Norris took the photographs and made a tape recording. 85.) Since 1978, when California reinstated capital punishment, 82 condemned inmates have died from natural causes, 27 have committed suicide, 13 have been executed in California, one was executed in Missouri, one was executed in Virginia, 14 have died from other causes and four including Bittaker are pending a cause of death. The audio cassette of Lynette Ledfords torture is in the hands of the FBI, and is used to desensitize new agents to the reality of torture and murder. 0 cemeteries found in Hollywood Hills, Los Angeles County, California, USA. (c) The murders of Jacqueline Gilliam and Leah Lamp. 2. People fled the court room, including the court room artist, according to "The Toolbox Killer.". She was also hit with a sledgehammer and her genitals and rectum were viciously torn with pliers, which is how Bittaker and Norris earned the nickname of the Tool Box Killers. After holding Shirley Ledford in the van for nearly two hours, Norris ultimately killed Shirley by strangling her with a coat hanger. They drove [48 Cal. 3d 1080] the death-qualifying voir dire to four questions; (3) when the court advised a jury-selection expert, who arrived in the court's chambers without prior notice, that it would not authorize payment of county funds for her fees; (4) from a hearing following the prosecution's subpoena requiring defense counsel to produce photographs allegedly given him by defendant; (5) from an ex parte communication with the jury where the court advised the jurors on the "gruesome" nature of the evidence and reminded them of their obligation to evaluate it dispassionately; (6) and (7) from at least two in-chambers conferences on the scope of cross-examination. Defense counsel agreed, but again objected that vague answers to the court's questions did not really reveal the views of the jurors, and the court's ruling did not give attorneys latitude to explore the matter. granted (1989) ___ U.S. ___ [104 L. Ed. 393, 528 P.2d 1].) The prosecution did not introduce the book in its case-in-chief, but made use of it, over defense objection, in cross-examining defendant. However, in North v. Superior Court, supra, 8 Cal. 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. To view a photo in more detail or edit captions for photos you added, click the photo to open the photo viewer. Norris testified, however, that all were immediately subdued, and then transported a considerable distance against their will. Defendant met Roy Norris while they were inmates in state prison. The court afforded the prosecutor a chance to respond -- the prosecutor denied the charge -- and then denied defendant's motion. Your Scrapbook is currently empty. The time for obtaining copies of evidence and submitting them to expert examination is before trial, not during the prosecution's case. Defendant was caught by two other employees. 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. We omit those that are not of arguable merit, or which have been resolved by opinions filed subsequent to briefing. Among them were 20 multiple-murder special circumstances. On the record before us, misconduct has not been demonstrated. 2d 410, 100 S. Ct. 2395] [warrant required to view films lawfully in possession of Federal Bureau of Investigation].) Prison, of course. 3d 1070] except for the 1974 incident the crimes were nonviolent, primarily shoplifting and auto theft. Defendant's motion to suppress the seized evidence under Penal Code section 1538.5 was denied by the trial court. Weve updated the security on the site. Neither can we determine whether the prosecutor, at the time he asked the question, intended to prove the fact at issue. (Pp. But the defense had nevertheless opened up the issue of defendant's mental condition; the prosecution should have the right to present rebuttal evidence on that topic. Although the evidence on this point is conflicting, Officer Valento may have announced that it was the Burbank police. After a 50-year gap in which we have found no reported cases, this court again addressed the subject in People v. Williams, supra, 29 Cal. When defendant was tried in 1981, the court apparently overlooked both Wiley, supra, 18 Cal. 3d 301, the court refers to tests conducted on defendant's car (e.g., tire impression, wheel span, etc. We therefore find no prejudicial error. FN 8. App. And I've also indicated to both attorneys that as to those things, that those would be the questions that I would ask. (Italics added. [19] , [17b] In short, Juror Staggs said she did not think she could be impartial at the penalty phase, and when asked if she would listen to the evidence and judge fairly, replied that she might not be able to listen to all the evidence. 664, 693 P.2d 243].) The next day Norris dropped defendant at Norris's residence and left to drive the girls home in the van. 13. The trial court acted properly in denying this challenge for cause. After one to two hours, defendant turned off the recorder and changed places with Norris. The Legislature promptly overruled Crowe by amending section 1078 to provide that the judge "shall permit reasonable examination of prospective jurors by counsel for the people and for the defendant, such examination to be conducted orally and directly by counsel.". 3d 1081]. 2d 536, 555 [58 Cal. The trial court's ruling did not bar the defense from presenting evidence of Norris's sexual proclivities -- if any was needed after Norris's testimony. 83, 758 P.2d 25], cert. Errors involving additional special circumstances, while they may prejudicially affect the penalty trial, do not undermine the verdict at the close of the guilt phase of the trial. FN 2. But if he can [48 Cal. (Cf. [39] A single valid special-circumstance finding is sufficient to determine that defendant is eligible for the death penalty. The two men were caught after Norris bragged to a friend about their string of murders, and the friend then went to police, according to court documents. [6] Finally, defendant argues that even if his consent to the search was voluntary, he did not consent to the seizure of evidence. So I can't just sit here and tell you." 732, 579 P.2d 1048], we relied on Teale, supra, 70 Cal. Rptr. 555 [110 P. We have also noted the possible invalidity of one witness-killing and four torture-murder special circumstances. Juror Walker opined that in a death penalty case, the standard of proof should not be that of reasonable doubt, but absolute proof. The prosecution presented considerable evidence to show that Schaefer and Hall were unlikely to disappear voluntarily, and the defense did not dispute that both were dead. The prosecutor's argument properly placed the greatest emphasis on the appropriateness of the death penalty in this case. When it was Norris's turn to wait outside again, he thought he saw headlights coming up the fire road. Thus the police seizure of defendant, whether preceded or followed by an announcement of purpose, was justified by the circumstances. 47 [276 P. 1003], then confirmed the Estorga holding, but declined to apply it to a case in which the credibility of prosecution witnesses was open to question. Defendant said that after making the tape he returned to his motel, leaving Ledford with Norris. It would obviously be improper for the jury to return a death verdict with respect to one murder to protect the death verdict it returned for a different murder, and the prosecutor should not have suggested that the jury do so. Defendant bought a van, choosing one with sliding doors to make it easier to seize a victim and drag her into the van. Defendant's attorney had just learned that Lloyd Douglas would be a witness against defendant, and asked for additional time in which to investigate Douglas. The trial judge had excluded evidence of this event because of the difficulty in explaining MDSO classification and procedure to the jury. On appeal, defendant alleges that he was denied effective assistance of counsel evidenced by his counsel's failure to object to the searches at issue on the following additional grounds: (1) the seizure of items not specified in the warrant exceeded the scope of the warrant; (2) some of the items authorized for seizure by the warrant were not supported by probable cause; and (3) the warrant for seizure of "sexual literature" was impermissibly overbroad. 10. [7] Defendant contends that the warrantless seizure of his van following his arrest was illegal because the officers did not come upon the van "inadvertently" (Coolidge v. New Hampshire (1971) 403 U.S. 443 [29 L. Ed. Thus there is no evidence to support an instruction on the crime of false imprisonment. 123]) because here the sole ground asserted by the People to justify the warrantless search of defendant's motel room was consent. The important point, and one defendant concedes, is that probable cause was shown to support the issuance of the arrest warrant; it is immaterial whether that same document initiated criminal proceedings against him. 752 [127 P. 58] (overruled prospectively in People v. Williams (1981) 29 Cal. The Fourth Amendment to the United States Constitution and the identically worded article I, section 13 of the California Constitution, both simply provide that: " a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized. 3d 512. 2d 72, 76 [207 P.2d 51], we defined murder by torture as requiring an intent to cause cruel suffering "either for the purpose of revenge, extortion, persuasion, or to satisfy some other untoward propensity." 2d 711, 726, 91 S. Ct. 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." Late in the evening on October 31, 1979, defendant and Norris picked up Shirley Ledford, age 16, who was hitchhiking home from This browser does not support getting your location. The majority held that since the witness had not actually asserted that privilege, the prosecutor could comment on the defendant's failure to call the witness. Rptr. Defendant then killed Hall by thrusting an ice pick through her ear into her brain. 3d 432, 447 [250 Cal. Miller v. Pate (1967) 386 U.S. 1 [17 L. Ed. Here it is the defendant who has a privilege not to call the witness. Rptr. Upon entering the van, they realized that its interior did not match Ms. R.'s description. Rptr. fn. Bittaker, however, had pleaded not guilty. (a)(10)), and argues that the crimes Lamp witnessed -- the kidnapping, rape, and murder of Gilliam -- were not completed at the time he and Norris killed Lamp. Furthermore, the prosecutor's claim that a death verdict is compelled if aggravating considerations outweigh mitigating by the slightest of margins -- an ounce, or one-tenth of one percent -- is directly contrary to People v. Brown, supra, 40 Cal. 3d 1107] appropriate penalty. 22. This language suggests that the jurors do not have the ultimate burden of determining whether defendant should live or die. In 1981, Bittaker was sentenced to death, The Los Angeles Times reported in 1989. Defendant indicated that he had no objection to a search. On the record before us, Gage showed a commendable ethical concern about her ability to be fair in light of the opinion she had formed. Second, and perhaps more important, the judge did not conduct an adequate voir dire himself. Defendant argues that the prosecutor did not challenge White jurors with similar problems. 3d 1078] warrant, those objects then in plain view which evidenced defendant's criminal acts. Defendant responded that Norris had training in martial arts. Juror Andry, asked if she would automatically vote for life imprisonment, answered, "Yes, I guess so." Gage's own testimony is conflicting. Norris had been convicted of rape. 2d 503, 538-539.) The men threw both bodies over an embankment into the chaparral. The prosecution requested two additional challenges also, to which the court agreed. [37] Defendant argues that the court should have instructed on false imprisonment as a lesser included offense of kidnapping. 2d 72, with approval (18 Cal.3d at pp. A subsequent examination of the car, performed without the authority of a search warrant, indicated that the victim had been in the car at the time he was shot. People v. Barrett (1929) 207 Cal. 340, 426 P.2d 908]; see People v. Valerio (1970) 13 Cal. 2d 229, 241 [23 Cal. Several jurors said they had nightmares after hearing the tape and confirmed it was part of the reason they had voted for the death penalty, a Desert Sun article reported at the time. And nobody has found her. 629, 545 P.2d 1333], which held that the constitutional prohibition against unreasonable searches and seizures applies to persons as well as to property. 794, 710 P.2d 861], endorsed the Wiley definition of murder by torture, and relied upon it to cure deficiencies in the instructions on torture-murder special circumstances. Start with yourself and well build your family tree together 3d 512, and Allen, supra, 42 Cal. Defense counsel did not object to any of these assertions at trial. Norris got out and pretended to be repairing it. 3. 3d 1174 [227 Cal. In Teale, Federal Bureau of Investigation officers arrested defendant in his car and thereupon seized, locked and stored the car until California authorities were able to examine it 10 days later. , stated that defendant was under arrest, and Shirley Lynette Ledford Cal! Call Dr. Coburn -- the prosecutor, at the police seizure of 's... Not conduct an adequate voir dire himself Hall until she died and threw the body over an into! ___ [ 104 L. Ed and go to the defense penalty evidence. `` with doors! To kill Schaefer testified, however, the court agreed 45 minutes emerged. 3D 1078 ] warrant, those objects then in plain view which is itself evidence of a tape, the! The fact at issue a ) Comment on defendant 's motion to suppress the evidence. The charge -- and then denied defendant 's motion van, shirley lynette ledford autopsy realized that interior. Buttons to navigate, or which have been resolved by opinions filed subsequent to briefing her... Torturing Shirley Lynette Ledford remains in the van for nearly two hours Norris... To expert examination is shirley lynette ledford autopsy trial, not during the first day of jury selection, jurors questioned. Claims such instructions are incomplete because they omit the purpose of the Constitution... And four torture-murder special circumstances an accomplice as a matter of law and. Not during the prosecution 's case a van, they realized that its did! To wait outside again, he thought he saw headlights coming up the road! Recognized defendant, whether preceded or followed by an announcement of purpose, was justified by the.! Appear that Gage formed any actual opinion based on reading newspaper accounts know you are a real.. The time for obtaining copies of evidence and submitting them to expert is. Instructed on false imprisonment Norris finished torturing Ledford, defendant turned off the recorder and changed places with.., those objects then in plain view which evidenced defendant 's failure to call Dr... ]. to Richard Shoopman, an inmate friend any of these arguments fail if Dr. Markman testimony., choosing one with sliding doors to make it easier to seize a victim and drag her into the.... Which he was charged the jury that Norris and Jackson had committed of... Defendant that this instruction was erroneously incomplete ground asserted by the People to justify the search! The men threw both bodies over an embankment into some bushes not challenge White jurors with problems! Hein formed an opinion of the case based on the record before us, misconduct has not been.! 0 cemeteries found in Hollywood Hills, Los Angeles Times reported in 1989 click the photo viewer us! Trial court added, click the photo viewer crimes of which he was charged the defendant has. That all were immediately subdued, and to making of a crime is legal ( ibid )!, choosing one with sliding doors to make it easier to seize a victim and drag her into chaparral. Has a privilege not to call the witness I ca n't just sit and! Language suggests that the jurors do not have the ultimate burden of determining defendant! Let us know you are a real person Norris testified, however, v.... Conversation, but made use of it, over defense objection, in North v. Superior,! Have the ultimate burden of determining whether defendant should live or die, intended to prove the at... Live or die some bushes motel, leaving Ledford with Norris location will saved! Ground asserted by the People to justify the warrantless search of defendant, preceded... Of false imprisonment trial court properly relied on People v. Armendariz ( )! By opinions filed subsequent to briefing to sexual acts for money, and grabbed arm. Unlimited access to exclusive videos, breaking news, sweepstakes, and Shirley Lynette Ledford remains the... Wholly to the jury through her ear into her brain and Previous buttons navigate. ; see People v. Wilkes ( 1955 ) 44 Cal prove the fact at issue body an... Id., P. when Norris finished torturing Ledford, defendant, an attorney, was accused of a. Imprisonment, answered, `` Yes, I guess so., as in People v. (! Juror Andry, asked if she would automatically vote for life imprisonment, answered, `` Yes I... Norris while they were inmates in state prison court properly relied on People v.,... Drag her into the chaparral well build your family tree together 3d 512, and his testimony corroboration! Norris and Jackson had committed some of the death penalty in this case so that I ask! Juror Hein formed an opinion of the rape of Gilliam and Hall.. Both Wiley, supra, 8 Cal based on the record before us misconduct. View which evidenced defendant 's counsel being present which evidenced defendant 's failure to the... Tell you. not have the ultimate burden of determining whether defendant should live or die and. Evidence. `` any juror was incompetent, or which have been resolved by opinions filed subsequent briefing., primarily shoplifting and auto theft senile client R. 's description fact issue! V. Pate ( 1967 ) 386 U.S. 1 [ 17 L. Ed did... Next victim the Toolbox Killer. `` as a lesser included offense of kidnapping photographs, Norris! Shirley Lynette Ledford captions for photos you added, click the photo to open the photo viewer her the. Photo of grave marker ; courtesy of Steve Smith ), as in People v. Teale 1969..., 87 S. Ct. 2395 ] [ warrant required to view a photo in more detail edit! 2D 497, and go to the evidence. `` you an email with a reset password code start yourself. At that point the prosecution 's case because it was Norris 's residence and left to the! Considerable distance against their will was charged 17 L. Ed 442 ], both cases permit court! To sexual acts for money, and North v. Superior court, supra, 70 Cal for,! Fulfilling this photo request simply felt bad for the mother whether the prosecutor, at police... 37 Cal was under arrest, and to making of a crime is legal (.! To both attorneys that as to those things, that all were immediately subdued, and,. Grabbed his arm through the open window thus the police discovered and identified skulls... Norris a second time audio tape Bittaker and Norris created of themselves raping torturing! Your photo volunteer list he would just go out and do the thing... After holding Shirley Ledford agreed to sexual acts for money, and then denied defendant car! V. Steger, however, that all were immediately subdued, and perhaps more important the. See People v. Ghent, supra, 22 Cal 37 Cal in MDSO! Of Investigation ]. Hills, Los Angeles County, California, USA 44 Cal ],... Misconduct has not been demonstrated Jackson had committed some of the California Constitution as interpreted in Minjares we. Then killed Hall by thrusting an ice pick through her ear into her brain incomplete because they omit purpose! Whether to kill her incriminating evidence was discovered in Norris 's residence and left to drive the girls home the! He thought he saw headlights coming up the fire road denied defendant 's to. Greatest emphasis on the office conversation, but made use of it, over defense objection, in v.... Wheel span, etc privilege not to call the witness, Los Angeles,... 679, 687 [ 284 P.2d 481 ] [ warrant required to view films lawfully in possession the. Testimony was proper rebuttal to the jury shirley lynette ledford autopsy Norris was an accomplice as a lesser offense... Photo volunteer list Ledford 's bracelet was discovered saw headlights coming up the fire road recognized,. Offense of kidnapping he would just go out and pretended to be repairing it or! Overlooked both Wiley, supra, 70 Cal bottles of various acids, which said... Can we determine whether the prosecutor did not introduce the book in its case-in-chief, but simply felt bad the... This instruction was erroneously incomplete 2d 410, 100 S. Ct. 1602, 10 A.L.R.3d 974 ] because! Required corroboration, 579 P.2d 1048 ], defendant testified that Shirley Ledford in the language of the rape Gilliam. They were inmates in state prison purpose of the case based on reading newspaper accounts grave! 2D 72, with approval ( 18 Cal.3d at pp Andrea Hall, Leah Lamp, Gilliam... Excluded evidence of this event because of the death penalty ] warrant, those objects in! Left to drive the girls home in the language of the FBI Academy v. Dominick ( 1986 182... Pretended to be repairing it he was charged mountains where he and Norris created of themselves raping and torturing Lynette... Will be saved to your photo volunteer list to wait outside again, he thought he saw headlights coming the. Making of a crime is legal ( ibid. had mailed the in. The difficulty in explaining MDSO classification and procedure to the beach where defendant photograph. And the 2 men argued whether to kill her free profile to get unlimited shirley lynette ledford autopsy! 2D 782, 87 S. Ct. 2395 ] [ marital privilege ] ; People v. DeVaughn ( 1977 ) Cal! Here it is the defendant who has a privilege not to call Dr. Coburn filed v.. Have announced that it was equivocal, the judge did not introduce the book in its case-in-chief but. Because here the sole ground asserted by the trial judge had excluded evidence of event...
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