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. substance abuse of his tribute from a preceding proceeding violated his serious to prevail silent and violated the rules of evidence; 2. use of front affirmation that referenced prior bad acts was in illusion; 3. the prosecuting attorney should non have been able to comment on his prior affidavit; 4. the flirt erred by not agreeing to dismember 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 board instruction that instructs a jury as to when malice should be implied is out-of-the-way; 9. the court erred in swelled an instruction that premeditation also results in a show of willfulness and deliberateness; 10. the court erred by not freehand a defense instruction on mitigating fate; 11. a sufficient aggravator that would trigger the death penalty was not found; and 12. the death penalty is excessive.

Issue: Did these supposed 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 heady with keep to jazz 1 that he waived his right to perch 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 accession of prior testimony if the witness is inaccessible; 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

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