[conspire] Hans Reiser found guilty
Eric De MUND
ead-conspire at ixian.com
Mon Apr 28 19:16:19 PDT 2008
Dierdre, Rick, All,
Dire Red <deirdre at deirdre.net>:
> It's not possible to have a capital case be a bench trial.
Is this not true on a state-by-state basis? If so, when did this become
so in California? Post 2004? Or may one only request a bench trial on
Reason I ask is that (paragraph 1 and) paragraph 18 of:
404 F.3d 1159
Richard BOYDE, Petitioner-Appellant,
Jill BROWN, Warden of California State Prison at San Quentin,*
United States Court of Appeals, Ninth Circuit.
Argued and Submitted July 15, 2004.
Filed April 21, 2005.
1 Richard Boyde was convicted in California state court of robbery,
kidnaping for robbery and murder, and sentenced to death. He peti-
tioned the district court for a writ of habeas corpus, challenging
his conviction and sentence. The district court denied his petition,
and Boyde now appeals.
18 There is also a plausible explanation for the prosecutor's sugges-
tion that he would not seek the death penalty for Ellison: It had
been the prosecution's theory all along that Boyde was the major
culprit in Gibson's kidnaping and murder, and Ellison was the less-
culpable follower. Thus, the prosecution had filed a statement of
aggravation in Boyde's case, as it was required to do as a prerequi-
site for presenting aggravating facts in support of the death penal-
ty, but had filed no such statement as to Ellison. By advising the
court that the death penalty would probably not be appropriate for
>> Ellison, the prosecutor simply reassured the trial judge that, by
>> granting the uncontested motion for a bench trial, the judge would
not put himself in the position of making the life-and-death deci-
sion as to Ellison.
leading me to believe that bench trials in California may be requested
even in capital cases.
Do you have a citation?
Rick Moen <rick at linuxmafia.com>:
] What I _do_ know is that Reiser was bankrupted by the cost of his
] trial defence, so I imagine his real-world ability to carry out an
] appeal, irrespective of his case's merits, is slim to none.
This is sad, very sad. )-:
Eric De MUND | Ixian Systems | Jab: eadixian at jabber.org/main
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