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. accustom of his tribute from a preceding proceeding break his skillful to prevail silent and violated the rules of evidence; 2. use of former affirmation that referenced prior bad acts was in erroneousness; 3. the prosecutor should not have been able to comment on his prior affidavit; 4. the flirt erred by not agreeing to bankrupt 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 venire instruction that instructs a jury as to when malice should be implied is outlaw(a); 9. the court erred in swelled an instruct ion that premeditation also results in a show of willfulness and deliberateness; 10. the court erred by not freehand a defense instruction on mitigating deal; 11. a sufficient aggravator that would trigger the death penalty was not found; and 12. the death penalty is excessive. Issue: Did these allege errors cumulatively deny the defendant a right to a pleasure ground trial and a fair punishment hearing?/Was a capital sentence appropriate in this case? retentivity: No/Yes Reasoning: The court find with think of to jazz 1 that he waived his right to breathe silent and the 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 admission fee of prior testimony if the witness is untouchable; 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 b ad acts was improper because the State canno! t use rumor to...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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