STATE OF OHIO ) CASE NO. CR ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) LONNIE CAGE ) JOURNAL ENTRY ) Defendant )
|
|
- Ethan Gardner
- 1 years ago
- Views:
Transcription
1 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO STATE OF OHIO ) CASE NO. CR ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) LONNIE CAGE ) JOURNAL ENTRY ) Defendant ) John P. O Donnell, J.: STATEMENT OF THE FACTS Defendant Lonnie Cage is charged with the October 28, 2010 rape and January, 2012 aggravated murder of Lakesha Williams. 1 The aggravated murder counts 2 include specifications that, if proved beyond a reasonable doubt, would make Cage eligible for the death penalty. 3 The indictment also includes charges for other crimes. The state accuses Cage of kidnapping, felonious assault and domestic violence in connection with the events of October 28, 2010, and of aggravated robbery, kidnapping, retaliation and witness intimidation in connection with the events of early January, Cage was first indicted for the rape and associated crimes in case on December 10, He was scheduled for arraignment on December 27, 2010 but did not appear, so no discovery or other proceedings took place in that case until after his arrest in January, He was arraigned and assigned counsel then and discovery began. 1 Williams is identified in the indictment as Jane Doe. 2 Counts nine, ten and eleven. 3 The death penalty specifications include: murder to escape detection (Ohio Revised Code section (A)(3)), felony murder (R.C (A)(7)) and retaliation for testimony (R.C (A)(8)). 4 Another complaining witness - in counts five, seven and eight (alleging felonious assault, domestic violence and child endangering) - is Cage s son. These charges arise from the events of October, 2010.
2 While the rape case progressed, Cage was indicted on the capital murder and related charges in case number on May 18, A week later he was arraigned and two lawyers were assigned to represent him at the expense of the state. On May 31, 2012 Cage filed a motion to appoint Dr. John Fabian as a consulting expert and psychologist with expertise to perform psychological and cognitive testing and assessment for mitigation in sentencing. 5 That motion was granted, and Fabian appointed, on June 6, The defendant was then indicted in this case on August 31, The indictment here essentially combines the charges from the separate rape and murder cases, and the first two cases have been dismissed. As discovery went on, defense counsel sought to persuade the state to move to dismiss the capital specifications on the grounds that the defendant, even if he is found guilty of the aggravated murder of Lakesha Williams, is ineligible for the death penalty because he is mentally retarded. That argument rests on the decision of the United States Supreme Court in Atkins v. Virginia, 536 U.S. 304 (2002), which held that death as a punishment for a mentally retarded criminal violates the Eighth Amendment s proscription against cruel and unusual punishment and is therefore unconstitutional. Toward that end, sometime before March 22, 2013, the defense attorneys produced to the state a report from Dr. Fabian to support their claim of mental retardation and convince the state that the death specifications should be dismissed. 6 To date, the defendant s efforts to reach a stipulated resolution of the capital specifications have been unavailing. Indeed, rather 5 Defendant s May 31, 2012 motion in case number for consulting mental health expert, page 1. 6 The date of production is not known, but it was clearly in the possession of the state when it filed on March 22 a motion to have Cage examined for competency to stand trial. The report was not attached to that motion and is not part of the trial court record. 2
3 than lead to a settlement, Fabian s report prompted the state to file a motion asking the court to refer Cage to the court psychiatric clinic to be evaluated for his competency to stand trial. Because the parties informal efforts to resolve the capital specifications have failed and a negotiated plea is unlikely the court must address three areas: expert witness production, the timing of the defense s Atkins motion (if any), and the state s March 22, 2013 motion for a competency hearing and to refer the defendant to the court psychiatric clinic for a competency evaluation. 7 Expert witness production Rule 16(A) of the Ohio Rules of Criminal Procedure provides that discovery is initiated by demand of the defendant. That demand was made in this case on September 6, 2012 (and in the predecessor capital case on June 4, 2012 and the predecessor rape case on February 8, 2012) and triggered the parties obligations to provide reciprocal discovery. Criminal Rules 16(H)(2) and 16(H)(5) require a defendant to permit the prosecutor to copy results of mental examinations and written statements by witnesses in the defendant s case-in-chief. Additionally, Criminal Rule 16(K) provides: Expert Witnesses; Reports. An expert witness for either side shall prepare a written report summarizing the expert witness s testimony, findings, analysis, conclusions, or opinion, and shall include a summary of the expert s qualifications. The written report and summary of qualifications shall be subject to disclosure under this rule no later than twenty-one days prior to trial, which period may be modified by the court for good cause shown, which does not prejudice any other party. Failure to disclose the written report to opposing counsel shall preclude the expert s testimony at trial. If the defendant intends to call Fabian as a witness either in a pre-trial Atkins hearing, at the first phase of the trial during which the state must prove the elements of the alleged crimes, or at a second phase after guilty verdicts where the defendant is permitted to introduce 7 Nothing in this entry should be construed as an effort to dissuade the parties from continued plea negotiations. That notwithstanding, the case must be prepared for trial. 3
4 mitigation evidence then the state is entitled to a written report from Fabian. Moreover, Fabian has been working on the case for almost a year and has apparently already produced at least a preliminary report. Therefore, the defendant is ordered to produce to the prosecutor no later than June 12, 2013 a written expert witness report from Fabian that comports with Criminal Rule 16(K). Failure to produce the report will preclude Fabian from testifying as a witness at the guilt or mitigation stages at trial. The same June 12 expert report disclosure deadline applies to all other expert witnesses of both parties. Atkins motion Although Atkins barred the execution of the mentally retarded, it did not establish procedures for determining whether an individual is "mentally retarded" for purposes of escaping execution. State v. Lott, 97 Ohio St. 3d 303, 10 (2002). Rather, the U.S. Supreme Court left it to the states to develop appropriate ways to enforce the constitutional restrictions on executing the mentally retarded. Id. The Ohio Supreme Court went on in Lott to establish the procedure for considering Atkins claims, i.e. defendants assertions that they are not eligible for execution by virtue of mental retardation. In Lott, the defendant raised his claim through a motion for postconviction relief under R.C et seq. In that context, Lott set forth the procedure and standards for determining whether convicted defendants facing the death penalty are mentally retarded. Id., 11. The same procedures were deemed to apply to defense claims of mental retardation raised at trial. Id. The Supreme Court concluded that as to capital cases currently pending trial, the trial court should consider defense Atkins claims, and hold hearings, in accordance 4
5 with the standards set out in this opinion. Id., 25. These evidentiary hearings have, predictably, come to be known as Atkins hearings. The procedure set out by the Lott decision for an Atkins hearing in the case of a defendant awaiting trial requires the presentation of evidence by the defendant, who must prove to the court, not a jury, by a preponderance of the evidence that he is mentally retarded. But Lott was silent on whether trial courts presiding over pending cases should convene Atkins hearings before, between or after the adjudication and penalty phases of a capital trial, and it appears Ohio s trial courts have taken varied approaches. For example, in State v. Were, 118 Ohio St. 3d 448 (2008), the Ohio Supreme Court considered the appeal of a defendant whose Atkins hearing was held after a guilty verdict but before the penalty phase evidentiary hearing. The sequence of the trial court proceedings was not a subject of the appeal and nothing in the opinion suggests that it was wrong. On the other hand, in State v. Williams, 8 th Dist. No , 2003-Ohio-6342, the Atkins hearing was held before trial with no disapprobation from the appellate court. Having considered the possibilities, this court believes that the best time for a hearing on an Atkins motion is after a jury decides that the defendant is guilty and then, after a mitigation hearing, separately recommends the death penalty. 8 Although it is true that Cage has been in the shadow of possible capital punishment since he was indicted in case number , he will not be in real jeopardy of being sentenced to death until a jury says he is guilty and should die for his crimes. His claim of mental retardation will not be justiciable until then since, even if he is mentally retarded, it is not unconstitutional to put an otherwise competent mentally retarded person on trial. 8 R.C (D)(2). 5
6 Therefore, to the extent that Cage desires to pursue an Atkins motion with a request that it be decided before trial, he is given leave pursuant to Criminal Rules 12(D) and 12(H) until June 12, 2013 to file it. Based on the reasoning given in this entry the court is then likely to deny the motion to hear the merits of the Atkins motion before trial, thus allowing Cage to protect the record and preserve the denial of the pre-trial hearing as possible error. If Cage wishes to file an Atkins motion but does not want to preserve an objection to the court s decision on the appropriate sequence of events, then he is given leave to do so until one day after such date as a jury may recommend the death penalty pursuant to R.C (D)(2). Competency to stand trial R.C (B) allows the court, the prosecutor or the defendant to raise the issue of the defendant s competence to stand trial. This court has been unable to find appellate guidance on what exactly it means to raise the issue of competency, but it is apparent that the bar is low, and there is no doubt that the prosecutor s motion has sufficiently raised the question of Cage s competency to stand trial so that a hearing must be held. 9 The prosecutor has also asked for an evaluation of the defendant by the court psychiatric clinic, presumably to develop evidence to present at the hearing. Cage opposes a competency evaluation on the grounds that: the plaintiff is trying to interfere with sensitive defense preparation 10 for trial; the request is res judicata by virtue of a previous ruling in case number ; a separate exam could harm or otherwise taint 11 psychological testing of Cage by his own expert; and that he will not cooperate with such an exam in any event because it will violate his Fifth Amendment right against self-incrimination. 9 R.C (B). 10 Defendant s brief in opposition to the state s motion for a competency exam, filed 04/02/2013, page Id. 6
7 Although the statute requires a hearing once the issue of competency is raised, it does not require that the court order a mental evaluation of the defendant. 12 A defendant is presumed competent. 13 The legal tests for mental retardation and competency to stand trial are different and a defendant s mental retardation does not alter the presumption of competency. State v. Pigge, 4 th Dist. No. 09 CA 3136, 2010-Ohio-6541, 28. Even though the statute allows the prosecutor to raise the issue of competency and while this court acknowledges a prosecutor s duty to seek justice and not just a conviction, a duty that can justify efforts by the state to prove the defendant is not competent to stand trial the presumption of competency favors a prosecutor, the advocate who is pursuing the charges on behalf of the people of the state. Thus, as a practical matter it is rare for the prosecutor to raise the issue in the hope that a defendant will be deemed not competent to stand trial. Indeed, the prosecutor s motion arguing that the defendant is scheming to save his life by creating a phony intellectual disability 14 shows that the state is eager to prove its case against the defendant at a trial, implying that the prosecutor will advance the position that Cage is competent to stand trial. Cage s competency to stand trial is already presumed and he has the burden of proving incompetency. State v. Stanley, 121 Ohio App. 3d 673, 685 (1 st Dist. 1997). Yet the defendant has not evinced an intention to produce evidence in support of the proposition that he is not competent to stand trial. These circumstances, and a closer reading of the state s motion, combine to suggest the state s motion is animated by something other than the desire for a competency exam. The state accuses the defendant of purposely scoring low on an IQ test administered by Fabian as part of a deliberate strategy of malingering and/or feigning 12 R.C (A). 13 R.C (G). 14 State s motion for a competency exam, filed 03/22/2013, page 7. 7
8 intellectual disability in order to defeat the death specification. 15 To counteract that strategy, the prosecutor describes evidence that is not compatible with a conclusion of mild mental retardation and [is] inconsistent with a person with a full-scale IQ of As noted above, mental retardation or low intellectual functioning do not equal lack of competency to stand trial. The state s focus on gathering evidence about whether Cage is mentally retarded reveals that what the state really wants is evidence to oppose an eventual Atkins motion. And the state will be provided an opportunity to develop such evidence if the defendant moves under Atkins to be disqualified from the death penalty by virtue of being mentally retarded. 17 But until then the presumption of competence, the evidence of competency summarized in the state s motion, and the fact that the defendant hasn t claimed incompetency do not justify the state s request for a competency examination. The court therefore denies that request. As noted above, a hearing is nonetheless necessary since the issue has been raised. The hearing is required to be held within 30 days of the issue being raised, but allows an extension of that time for good cause shown. R.C (C). Good cause for a continuance exists because the court needed time to consider the state s motion and the defendant s brief in opposition. The hearing, at which the defendant will have the burden of showing he is not competent to stand trial, and both parties will be permitted to offer evidence, will be scheduled by a separate docket entry. 15 Id., p Id., p When a defendant introduces psychiatric evidence and places her state of mind directly at issue, she can be compelled to submit to an independent examination by a state psychiatrist. State v. Goff, 128 Ohio St. 3d 169, 2010-Ohio-6317, 46. 8
9 IT IS SO ORDERED: Judge John P. O Donnell Date: 9
10 following: SERVICE A copy of this journal entry was sent by this day of May, 2013, to the Kevin R. Filiatraut, Esq. Assistant prosecuting attorney for State of Ohio Kevin M. Spellacy, Esq. Thomas A. Rein, Esq. Attorneys for defendant Lonnie Cage Judge John P. O Donnell 10
Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/
Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Note that not every case goes through all of the steps outlined here. Some states have different procedures. I. Pre-Trial Crimes that would
Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights
Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held
A Federal Criminal Case Timeline
A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement
GLOSSARY OF SELECTED LEGAL TERMS
GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A
An Introduction to the Federal Public Defender=s Office and the Federal Court System
Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street
A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal
A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant
C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS
T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S C RIMINAL LAW 1 0 1 : O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS A C RIMINAL LAW 1 0 1 Prepared
Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now
Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be
GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM
Patricia A. DeAngelis District Attorney GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM AN OFFENSE IS COMMITTED There are three types of offenses that can be committed in New York State: VIOLATION MISDEMEANOR
A Victim s Guide to the Capital Case Process
A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney General s Office A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney
Mahoning County Criminal Local Rules of Court. Table of Contents. 2 Grand Jury 2. 3 Dismissals.. 3. 4 Appointment of Counsel... 4
Mahoning County Criminal Local Rules of Court Table of Contents Rule Page 1 Applicability. 1 2 Grand Jury 2 3 Dismissals.. 3 4 Appointment of Counsel...... 4 5 Case Filing and Court Designation. 6 6 Arraignment...
Your Criminal Justice System
Your Criminal Justice System Helpful Information for the Victims and Witnesses of Crime Provided by Kansas Attorney General Derek Schmidt Victims Services Division 120 SW 10th Ave, 2nd Floor Topeka, KS
STATE OF ARIZONA, Appellee, ROY MATTHEW SOVINE, Appellant. No. 1 CA-CR 14-0094
NOTICE: NOT FOR PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. IN THE ARIZONA COURT OF APPEALS DIVISION
The Federal Criminal Process
Federal Public Defender W.D. Michigan The Federal Criminal Process INTRODUCTION The following summary of the federal criminal process is intended to provide you with a general overview of how your case
II. Capital Punishment in Arizona
II. Capital Punishment in Arizona History In Furman v. Georgia, 408 U.S. 238 (1972), the United States Supreme Court held that the death penalty as administered violated the United States Constitution
Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing. The Charging Decision. Grand Jury 5/22/2014. Misdemeanors v.
Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing Presented at: Office of the Attorney General 2014 Texas Crime Victim s Services Conference Transformations: Building Community Networks Grand
IN THE COURT OF APPEALS OF IOWA. No. 14-0420 Filed May 20, 2015. Appeal from the Iowa District Court for Woodbury County, Jeffrey A.
CHARLES EDWARD DAVIS, Applicant-Appellant, vs. IN THE COURT OF APPEALS OF IOWA No. 14-0420 Filed May 20, 2015 STATE OF IOWA, Respondent-Appellee. Appeal from the Iowa District Court for Woodbury County,
Cuyahoga County Common Pleas Court Local Rules 33.0 ASSIGNMENT AND COMPENSATION OF COUNSEL TO DEFEND
33.0 ASSIGNMENT AND OF COUNSEL TO DEFEND PART I. (A) No attorney will be assigned to defend any indigent person in a criminal case unless his or her name appears on one of the approved trial counsel lists
LR2-400. Case management pilot program for criminal cases. A. Scope; application. This is a special pilot rule governing time limits for criminal
LR2-400. Case management pilot program for criminal cases. A. Scope; application. This is a special pilot rule governing time limits for criminal proceedings in the Second Judicial District Court. This
GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia
Case 1:11-cr-00326-SCJ-JFK Document 119-1 Filed 01/20/12 Page 1 of 16 GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF
CHAPTER SIX: CRIMINAL PROCEDURE
CHAPTER SIX: CRIMINAL PROCEDURE By Gino L. DiVito, Retired Justice, Illinois Appellate Court, Partner, Quinlan & Crisham, Ltd.; Chicago Commencement of Prosecution In Illinois, the prosecution of a criminal
CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985
CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985 Subchapter 6.000 General Provisions Rule 6.001 Scope; Applicability of Civil Rules; Superseded Rules and Statutes (A) Felony Cases. The rules
vs. : : MESSIAH BURRELL, : : Post-Sentence Motion charging him with delivery of a controlled substance, possession with intent to deliver a
IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA COMMONWEALTH : No. CR-598-2015 vs. : : MESSIAH BURRELL, : Defendant : Post-Sentence Motion OPINION AND ORDER On February 13, 2015, a criminal
Morgan County Prosecuting Attorney Debra MH McLaughlin
Morgan County Prosecuting Attorney Debra MH McLaughlin Directions: From Fairfax Street Entrance, Enter Main Door, turn Right through door, up the narrow staircase. Office is at top of steps. (Old Circuit
ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES
ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES (a) Mission: The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce
Criminal Justice System Commonly Used Terms & Definitions
Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:
BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY
BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY People make mistakes, especially young people. Juvenile lawyer Bryce Fetter believes children should get a second chance through rehabilitation rather
The Court Process. Understanding the criminal justice process
Understanding the criminal justice process Introduction Missouri law establishes certain guarantees to crime victims, including participation in the criminal justice system. Victims can empower themselves
BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer
BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html
COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT STANDING ORDER NO. 2-86 (AMENDED)
COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT SUFFOLK, ss. SUPERIOR COURT DEPARTMENT STANDING ORDER NO. 2-86 (AMENDED) Applicable to All Counties to cases initiated by indictment on or after September
The Legal System in the United States
The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed
KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES
KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES I. MISSION The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce the
IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO. Plaintiff, : Case No. 15 CR 377. v. : Judge Berens
IN THE COMMON PLEAS COURT OF FAIRFIELD COUNTY, OHIO STATE OF OHIO, : Plaintiff, : Case No. 15 CR 377 v. : Judge Berens TAMARA L. RIFFLE, : Entry Regarding Defendant s Motion to Dismiss Defendant. : This
FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry
FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,
HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA
HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA The Office of Victims Rights receives many inquiries from victims about how a criminal case in Alaska is investigated by police and then prosecuted by
Maricopa County Attorney s Office Adult Criminal Case Process
The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors
Decided: May 11, 2015. S15A0308. McLEAN v. THE STATE. Peter McLean was tried by a DeKalb County jury and convicted of the
In the Supreme Court of Georgia Decided: May 11, 2015 S15A0308. McLEAN v. THE STATE. BLACKWELL, Justice. Peter McLean was tried by a DeKalb County jury and convicted of the murder of LaTonya Jones, an
STATE OF OHIO ) CASE NO. CR 12 562192 ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) MATTHEW McMULLEN ) JOURNAL ENTRY ) Defendant.
IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO STATE OF OHIO CASE NO. CR 12 562192 Plaintiff, JUDGE JOHN P. O DONNELL vs. MATTHEW McMULLEN JOURNAL ENTRY Defendant. John P. O Donnell, J.: STATEMENT
Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench
Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W
IN THE SUPREME COURT OF THE STATE OF DELAWARE
IN THE SUPREME COURT OF THE STATE OF DELAWARE EDWIN SCARBOROUGH, Defendant Below- Appellant, v. STATE OF DELAWARE, Plaintiff Below- Appellee. No. 38, 2014 Court Below Superior Court of the State of Delaware,
NC General Statutes - Chapter 15A Article 48 1
SUBCHAPTER IX. PRETRIAL PROCEDURE. Article 48. Discovery in the Superior Court. 15A-901. Application of Article. This Article applies to cases within the original jurisdiction of the superior court. (1973,
HOUSE BILL 1067. By Jernigan BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
HOUSE BILL 1067 By Jernigan AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 17, relative to requiring reciprocal disclosure of witnesses prior to trial. BE IT ENACTED BY THE GENERAL ASSEMBLY
CRIMINAL LAW AND VICTIMS RIGHTS
Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.
COURT OF APPEALS OF OHIO, EIGHTH DISTRICT. For defendant-appellant: : : DATE OF ANNOUNCEMENT OF DECISION : MAY 25, 2006
[Cite as State v. Ellington, 2006-Ohio-2595.] COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA No. 86803 STATE OF OHIO JOURNAL ENTRY Plaintiff-Appellee AND vs. OPINION DAVID ELLINGTON, JR.
Subchapter 6.600 Criminal Procedure in District Court
Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative
[New] Standard 1. Compensation. Standard 2. Duties and Responsibilities of Counsel. Standard 3. Caseload Limits and Types of Cases
STANDARDS FOR INDIGENT DEFENSE [New] Preamble The Washington Supreme Court adopts the following Standards to address certain basic elements of public defense practice related to the effective assistance
The Rights of Crime Victims in Texas
The Rights of Crime Victims in Texas 1 Housekeeping Please turn off cell phones and pagers or place in a silent mode. Questions can be answered in presentations or during break. 2 Constitutional Rights
NC General Statutes - Chapter 15A Article 89 1
Article 89. Motion for Appropriate Relief and Other Post-Trial Relief. 15A-1411. Motion for appropriate relief. (a) Relief from errors committed in the trial division, or other post-trial relief, may be
YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET
YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET Table of Contents CRIMINAL PROCEDURE Initial Appearance/Bond Preliminary
DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS
DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010).
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). STATE OF MINNESOTA IN COURT OF APPEALS A10-2057 David Johnson, petitioner, Appellant, vs.
THE STATE OF ARIZONA, Respondent, AARON REGINALD CHAMBERS, Petitioner. No. 2 CA-CR 2014-0392-PR Filed March 4, 2015
IN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Respondent, v. AARON REGINALD CHAMBERS, Petitioner. No. 2 CA-CR 2014-0392-PR Filed March 4, 2015 THIS DECISION DOES NOT CREATE LEGAL PRECEDENT
UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson
UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed
MARK PEREZ, APPELLANT THE STATE OF TEXAS, APPELLEE STATE S BRIEF
Nos. 05-11-01575-CR and 05-11-01576-CR The State Waives Oral Argument 5th Court of Appeals FILED: 06/04/2012 14:00 Lisa Matz, Clerk IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS MARK
Commonwealth of Kentucky Court of Appeals
RENDERED: MARCH 14, 2008; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-001304-MR DONALD T. CHRISTY APPELLANT v. APPEAL FROM MASON CIRCUIT COURT HONORABLE STOCKTON
NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No. 12-12
NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No. 12-12 A LAWYER IS NOT PROHIBITED BY THE RULES OF PROFESSIONAL CONDUCT FROM SIMULTANEOUSLY SERVING AS PART-TIME COUNTY ATTORNEY OF ONE NEBRASKA COUNTY AND
California On My Honor: Civics Institute for Teachers
California On My Honor: Civics Institute for Teachers Project Title: Grade Level: High School 11 th 12 th grade Presented by: K. Carlson Context of the unit: The students will understand how a jury trial
In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-01390-CR. LUIS ANTONIO RIQUIAC QUEUNAY, Appellant V. THE STATE OF TEXAS, Appellee
AFFIRM; and Opinion Filed June 23, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01390-CR LUIS ANTONIO RIQUIAC QUEUNAY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal
Capital Punishment in Tennessee: A Brief Timeline History & Overview of the Legal Process
Capital Punishment in Tennessee: A Brief Timeline History & Overview of the Legal Process Timeline: 1608 - Captain George Kendall, a convicted spy, was executed in the Jamestown colony of Virginia. His
court. However, without your testimony the defendant might go unpunished.
Office of State Attorney Michael J. Satz VICTIM RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: CRIMINAL JUSTICE PROCESS The stages of the criminal justice system are as follows: We realize that for
Court of Appeals of Ohio
[Cite as State v. Quarterman, 2014-Ohio-3925.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 101064 STATE OF OHIO PLAINTIFF-APPELLEE vs. ALLEN QUARTERMAN
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA STATE OF MISSISSIPPI
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA JIMMY FORD APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF TRIAL COURT JUDGMENT: 5/10/2002 TRIAL JUDGE: HON. MARCUS D. GORDON
DESCRIPTION OF FORENSIC POPULATION
SERVICES FOR FORENSIC CLIENTS GENERAL LEGAL RIGHTS CHAPTER 13 DESCRIPTION OF FORENSIC POPULATION The forensic program for the State of Missouri is designed to provide services to all circuit courtordered
As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following
Page 1 Massachusetts General Laws Annotated Currentness Part IV. Crimes, Punishments and Proceedings in Criminal Cases (Ch. 263-280) Title II. Proceedings in Criminal Cases (Ch. 275-280) Chapter 278A.
ARREST! What Happens Now?
Personal Injury Wrongful Death Slip & Fall Automobile Accidents Trucking Accidents Motorcycle Accidents Medical Malpractice Criminal Defense You re Under ARREST! What Happens Now? Do NOT Speak to Police
KENTUCKY VICTIMS RIGHTS LAWS1
CONSTITUTION STATUTES KENTUCKY VICTIMS RIGHTS LAWS1 Kentucky does not have a victims' rights amendment to its constitution. Title XXXVIII, Witnesses, Evidence, Notaries, Commissioners of Foreign Deeds,
OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT:
OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT: It is the policy of the Olmsted County Attorney to pursue all domestic abuse allegations with zealous, yet discretionary prosecution
COURT OF APPEALS THIRD APPELLATE DISTRICT CRAWFORD COUNTY. v. O P I N I O N. CHARACTER OF PROCEEDINGS: Criminal Appeal from Common Pleas Court.
[Cite as State v. Sessler, 2007-Ohio-4931.] COURT OF APPEALS THIRD APPELLATE DISTRICT CRAWFORD COUNTY STATE OF OHIO, CASE NUMBER 3-06-23 PLAINTIFF-APPELLEE, v. O P I N I O N KIRK SESSLER, DEFENDANT-APPELLANT.
SUPREME COURT OF THE STATE OF ARIZONA
IN THE SUPREME COURT OF THE STATE OF ARIZONA STATE OF ARIZONA EX REL. WILLIAM G. MONTGOMERY, MARICOPA COUNTY ATTORNEY, Petitioner, v. THE HONORABLE HARRIETT CHAVEZ, JUDGE OF THE SUPERIOR COURT OF THE STATE
Case 4:11-cr-00722 Document 193 Filed in TXSD on 07/25/14 Page 1 of 11
Case 4:11-cr-00722 Document 193 Filed in TXSD on 07/25/14 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES OF AMERICA VS. CRIMINAL NO.
IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)
IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant
Victims of Crime Act
Victims of Crime Act PURPOSE Recognizing the state's concern for victims of crime, it is the purpose of the Victims of Crime Act [31-26-1 NMSA 1978] to assure that: A. the full impact of a crime is brought
General District Courts
General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance
SUPREME COURT OF WISCONSIN
SUPREME COURT OF WISCONSIN 2014 WI 48 CASE NO.: COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Geneva E. McKinley, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Geneva
INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED
INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED *(Please be advised that this is a general guide only and is by no means an exhaustive summary of all criminal court hearings.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. STATE OF NEW JERSEY, v. Plaintiff-Respondent, NINA ADEBAJO, Defendant-Appellant.
SENATE BILL 1486 AN ACT
Senate Engrossed State of Arizona Senate Forty-fifth Legislature First Regular Session 0 SENATE BILL AN ACT AMENDING SECTION -, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 00, CHAPTER, SECTION ; AMENDING
Franklin County State's Attorney Victim Services
Franklin County State's Attorney Victim Services FREQUENTLY ASKED QUESTIONS What type of services and information can I get through Victim Services Program? A Victim Advocate will be assigned to assist
Information for Crime Victims and Witnesses
Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)
Information about the Criminal Justice System**
1 Victim s Guide to the Nebraska Criminal Justice System Information about the Criminal Justice System** ** Please note that the information contained in this booklet is only in relationship to felony
Any civil action exempt from arbitration by action of a presiding judge under ORS 36.405.
CHAPTER 13 Arbitration 13.010 APPLICATION OF CHAPTER (1) This UTCR chapter applies to arbitration under ORS 36.400 to 36.425 and Acts amendatory thereof but, except as therein provided, does not apply
Purpose of the Victim/Witness Unit
Purpose of the Victim/Witness Unit The Victim/Witness Assistance Division of the Lake County State s Attorney s Office was formed to serve the needs of people like you. The division is meant to ensure
MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program
MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program The following is submitted as a Model Mentoring Plan for the criminal defense practice field. It was prepared by an experienced
CAUSE NO. THE STATE OF TEXAS IN THE 49th DISTRICT COURT ZAPATA COUNTY, TEXAS
CAUSE NO. STATE S EXHIBIT #1 THE STATE OF TEXAS IN THE 49th DISTRICT COURT VS. OF ZAPATA COUNTY, TEXAS PLEA OF GUILTY, ADMONISHMENTS, VOLUNTARY STATEMENTS, WAIVERS, STIPULATION & JUDICIAL CONFESSION (Defendant
INTRODUCTION DO YOU NEED A LAWYER?
INTRODUCTION The purpose of this handbook is to provide answers to some very basic questions that inmates or inmates families might have regarding the processes of the criminal justice system. In no way
(2) If you have no other information regarding his mental illness, you might contact the county mental health coordinator at 214 875 2323
CHECKLIST FOR DEFENDANTS WITH MENTAL HEALTH ISSUES IN DALLAS (see below for more information and for defense attorneys outside Dallas County) (1) What is the diagnosed mental illness? The defense attorney
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) )
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent
IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY
IN THE COURT OF COMMON PLEAS FOR THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY STATE OF DELAWARE, ) ) ) v. ) Cr.A. No. 1202020644 ) BRYAN SCHOENBECK, ) ) Defendant. ) Submitted: December 4, 2014 Decided:
SUPERIOR COURT KENT COUNTY CRIMINAL CASE MANAGEMENT PLAN
SUPERIOR COURT KENT COUNTY CRIMINAL CASE MANAGEMENT PLAN The following Plan is adopted by the Superior Court of the State of Delaware in order to ensure the orderly and prompt disposition of criminal cases
CRIMINAL COURT IN MINNESOTA: Understanding the Process so You can Sleep at Night
RYAN PACYGA CRIMINAL DEFENSE 333 South 7 th Street, Suite 2850 Minneapolis, MN 55402 612-339-5844 www.arrestedmn.com More information on the YouTube channel Ryan Pacyga CRIMINAL COURT IN MINNESOTA: Understanding
IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 40822 ) ) ) ) ) ) ) ) ) )
IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 40822 DAMON MARCELINO LOPEZ, Petitioner-Appellant, v. STATE OF IDAHO, Respondent. 2014 Unpublished Opinion No. 722 Filed: September 15, 2014 Stephen
A Victim s Guide to Understanding the Criminal Justice System
A Victim s Guide to Understanding the Criminal Justice System The Bartholomew County Prosecutor s Office Victim Assistance Program Prosecutor: William Nash 234 Washington Street Columbus, IN 47201 Telephone:
BEXAR COUNTY CRIMINAL DISTRICT COURTS PLAN STANDARDS AND PROCEDURES RELATED TO APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS
BEXAR COUNTY CRIMINAL DISTRICT COURTS PLAN STANDARDS AND PROCEDURES RELATED TO APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS The following Local Rules replace the current local rules, Part 5, Section
ARIZONA VICTIMS RIGHTS LAWS¹
ARIZONA VICTIMS RIGHTS LAWS¹ Constitution Article 2, 2.1 A) To preserve and protect victims' rights to justice and due process, a victim of crime has a right: 1. To be treated with fairness, respect, and
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY. Date Submitted: February 6, 2009 Date Decided: December 16, 2009
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY ANN M. BAKER, ) ) Defendant-Below, ) Appellant, ) ) v. ) I.D. No. 0803038600 ) STATE OF DELAWARE, ) ) Plaintiff-Below, ) Appellee.
IN THE SUPREME COURT OF THE STATE OF DELAWARE
IN THE SUPREME COURT OF THE STATE OF DELAWARE THOMAS ALBANESE, No. 654, 2011 Defendant Below, Appellant, Court Below Superior Court of the State of Delaware in and for v. Sussex County STATE OF DELAWARE,
Estimates of Time Spent in Capital and Non-Capital Murder Cases: A Statistical Analysis of Survey Data from Clark County Defense Attorneys
Estimates of Time Spent in Capital and Non-Capital Murder Cases: A Statistical Analysis of Survey Data from Clark County Defense Attorneys Terance D. Miethe, PhD. Department of Criminal Justice University
The Circuit Court. Judges and Clerks. Jurisdiction
The Circuit Court The circuit court is the trial court of general jurisdiction in Virginia, and the court has authority to try a full range of both civil and criminal cases. Civil cases involve disputes
2015 IL App (1st) 133050-U. No. 1-13-3050 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT
2015 IL App (1st) 133050-U FIFTH DIVISION September 30, 2015 No. 1-13-3050 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited
HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act
PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the