Crime And Justice

Jaliesa Hamilton CRM 321 Instructor: David Cory Byford v. State Facts: Byford was convicted of first-degree murder and sentenced to death. He appealed, alleging, inter alia, that: 1. using up of his tribute from a preceding proceeding violated his good to prevail silent and violated the rules of evidence; 2. use of introductory affirmation that referenced prior bad acts was in fracture; 3. the public prosecutor should non have been able to comment on his prior affidavit; 4. the flirt erred by not agreeing to lop his persona from the co-defendant; 5. his speedy trial right was violated; 6. the court erred in admitting photographs of the victims body and maggots recovered from it; 7. the court erred by not allowing defense counsel to cross examine a pursuit consider about comments made by the prosecutor to her antecedently; 8. a jury instruction that instructs a jury as to when malice should be implied is indecent; 9. the court erred in swelled an instru ction that premeditation also results in a show of willfulness and deliberateness; 10. the court erred by not freehand a defense instruction on mitigating muckle; 11. a sufficient aggravator that would trigger the death penalization was not found; and 12. the death penalty is excessive.

Issue: Did these assert errors cumulatively deny the defendant a right to a pleasure ground trial and a fair penalty hearing?/Was a capital sentence appropriate in this case? retentivity: No/Yes Reasoning: The court determine with obligingness to jazz 1 that he waived his right to ride out silent and t he testimony could be used against him at a ! later proceeding, thus far if he is not explicitly warned of that. The court further celebrated that the rules of evidence allow for rise to power of prior testimony if the witness is unobtainable; he was unavailable during the second trial by invoking his right to remain silent. With respect to issue 2, the court say that admission of the bad acts was improper because the State cannot use rumor to...If you want to get a full essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper