Prostitutes Easley, Easley (US) sluts

They claim i there was significant evidence of defendant's involvement in the arson, hence Plankington's testimony was merely cumulative; ii Hanson did everything that an "unconflicted" counsel would have done to challenge the arson evidence; and iii Hanson's conflict actually helped defendant because it caused the prosecutor to refrain from introducing defendant's confession to the arson. Bourdon for Defendant and Appellant and Petitioner.

In the context of a conflict presented by Prostitutes Easley representation, we have held: "No particular form of inquiry is required, but, at a minimum, the trial court must assure itself that 1 the defendant has discussed the potential drawbacks of joint representation with his attorney, or if he wishes, outside counsel, 2 that he has been made aware of the dangers and possible consequences of joint representation in his Prostitutes Easley, 3 that he knows of his right to conflict-free representation, and 4 that he voluntarily Prostitutes Easley to waive that right.

We indulge every reasonable presumption against the waiver of unimpaired assistance Prostitutes Easley counsel. The same considerations apply here. We note Prostitutes Easley at the Prostitutes Easley trial setting conference, after hearing the public defender's explanation of the various conflicts, defendant repeatedly [46 Cal.

In early Januarydefendant rejected a suggestion that Hanson should not represent him, after the prosecutor raised the issue of a conflict because Hanson's name might be mentioned in any discussion of defendant's confession. At the hearing in March the possibility that Hanson might be called as a witness was discussed, but defendant reiterated his desire that Hanson be appointed.

In Aprilanother discussion of Hanson's possible conflict occurred.

The trial court advised defendant of his right to counsel free of any potential conflict, and that such Prostitutes Easley would be appointed for him if he chose.

Defendant again indicated his desire to have Hanson represent him. At none of these hearings was there an indication that Hanson had discussed the conflict issue with defendant, or that defendant was offered the opportunity to discuss that matter with independent counsel. Although it appears the trial court informed defendant of his right to conflict-free counsel, defendant was Prostitutes Easley asked for a waiver. Finally, our review of the record does not reveal defendant was ever advised of the full range of dangers and possible consequences of the conflicted representation in Prostitutes Easley case.

Nevertheless, the People insist defendant twice "expressly waived" any conflict. These two asserted waivers occurred at the March and April hearings. At the March hearing, Hanson was not present. As a result, the court and the prosecutor specifically stated that defendant was not being asked for any statement in the absence of his attorney.

It would be difficult, in the face of such a statement, to now construe defendant's remarks at that hearing as an express waiver. Furthermore, neither the prosecutor nor the Prostitutes Easley fully explained to defendant the conflicts that faced Hanson. And, although the prosecutor Prostitutes Easley the court about the possibility of a conflict, the only conflict mentioned was Hanson's involvement in obtaining defendant's confession, which, the prosecutor explained, meant that Hanson would face an ethical and Prostitutes Easley conflict in putting defendant on the stand.

As in Mroczko, we believe defendant's alleged waiver at the March hearing Prostitutes Easley evidence that he did not understand the true conflict issue, and that he perceived the Prostitutes Easley concern simply as an attempt to prevent Hanson from representing Prostitutes Easley.

At the April hearing, the discussion focused on the possibility that Hanson might be required to be a witness. When the prosecutor noted Prostitutes Easley Hanson had represented Plankington in the arson matter and that Plankington was a probable witness at the penalty retrial, Hanson Prostitutes Easley he felt this would not be a problem in that, if necessary, the prosecution had other witnesses to testify regarding the confessionand that the judge who presided at the January hearing had agreed with that assessment.

Hanson also stated he believed defendant's confession had to be excluded in any event, Prostitutes Easley of the federal immunity grant. Hanson then raised his prior representation of defendant's sister, and at this point the asserted "waiver" occurred. The judge told defendant that he had "a right to counsel who would be free of any potential conflict of interest and that such counsel would be appointed for him should he so desire.

This exchange, however, was inadequate to make defendant aware of the dangers and possible consequences of the conflicted representation. No one explained to defendant that Hanson owed a conflicting duty of loyalty to Plankington that could affect his ability to cross-examine Plankington and Prostitutes Easley the prosecution's arson evidence.

The consequences addressed by the court and other parties were of an entirely different and less virulent sort. In discussing the conflict, the parties focused primarily on the possibility Prostitutes Easley Hanson might have to testify about the facts surrounding defendant's confession.

This facet of the conflict, moreover, was presented by the court and by Hanson as a surmountable obstacle, and was conveyed to defendant as posing no serious Prostitutes Easley. Because the court identified only a minor portion of the potential consequences arising from Hanson's representation Prostitutes Easley Plankington and defendant, we cannot conclude that defendant fully understood the real scope of the conflict and intelligently waived it.

Furthermore, the trial court was Prostitutes Easley eager to accept Hanson's representations that there was no conflict, or that problems posed by any conflict could Prostitutes Easley evaded.

It is troublesome that, having learned Prostitutes Easley it was Hanson who had obtained defendant's confession to the arson, and that Hanson Prostitutes Easley Plankington in a federal civil suit, the court made no further inquiry into the possible effect of the conflict on defendant's trial.

Instead, [46 Cal. As was Prostitutes Easley of the counsel in Mroczko, Hanson's behavior "strongly suggests that he was unwilling or unable to assess accurately whether his representation of [defendant] was in [the client's] best interest The very fact that he was willing to represent such clearly conflicting interests despite the ethical and legal ramifications Prostitutes Easley his position, raises questions about his judgment, or at least his impartiality.

We conclude that the failure adequately to explain to defendant the consequences of Hanson's conflict precludes a finding that defendant knowingly waived the conflict. Consequently, they assert any conflict raised by the representation must be weighed against defendant's right to counsel of choice.

See Maxwell, supra, 30 Cal. The situation in this case Prostitutes Easley not the equivalent, however, of that in Maxwell. There, the defendant both selected and paid his own counsel. The latter fact is the crux of the definition of "retained.

Because counsel was provided by the state, the trial court was not required to appoint Hanson, even though he was the attorney whose services defendant preferred.

Dietrich Hogue, 45, of Easley, was charged with prostitution and no driver's license. SUBSCRIBER EXCLUSIVE. Nation & World. Late-night updates. Bryan Police arrested two people on prostitution charges at a local park. Elizabeth Morrow, 48, and George Easley, 58, were arrested Monday.

Drumgo v. Superior Court 8 Cal. This rule holds true regardless of whether the requested attorney is a particular public defender or, as here, a private assigned counsel. Failure to appoint the attorney desired by a defendant is not interference with the right to counsel of choice.

Conversely, the fact that a defendant is pleased with counsel appointed for him Prostitutes Easley a court does not transform his attorney into retained counsel. Because Hanson was not retained counsel, the special considerations that must be taken into account when a Prostitutes Easley contemplates the Prostitutes Easley over objection of a retained attorney because of a conflict do not come into play here.

We conclude Hanson's simultaneous representation of defendant and Plankington resulted in an actual conflict of interest, and that Hanson's [46 Cal. We further conclude that the conflict was not knowingly and intelligently waived. Accordingly, the penalty judgment must be reversed. We discuss the following issue for guidance at retrial. The court gave two instructions about the jury's consideration of accomplice testimony.

One defined an accomplice, and the other informed the jury that the testimony of an accomplice incriminating the defendant should be viewed with distrust. In addition, the court instructed the jury that Donald Davis, Kenneth Davis, Smith and Westmoreland were all accomplices as a matter of law. Defendant claims that, had the jury been instructed that the various accomplices' testimony needed to be corroborated, it might have realized that others were as much or more involved in the murders as was Prostitutes Easley, and might therefore have voted for a sentence of life without possibility of parole rather than death.

The People appear to assert there was no Prostitutes Easley, and that there was no duty to instruct sua sponte in this case. We agree. The cases in which we have required corroboration of accomplice testimony at the penalty phase can be distinguished.

Varnum 66 Cal. McClellan 71 Cal. Miranda 44 Cal. In each case the prosecution sought to introduce evidence of unadjudicated prior Prostitutes Easley conduct. Because such evidence may have a significant effect on the jury People v.

Robertson 33 Cal. Robertson, supra, 33 Cal. Varnum, supra, 66 Cal. Here, however, the only evidence before the jury involving a previously unadjudicated crime was that concerning the Nevada arson. Because no accomplice testimony was admitted on that point, there was no need for accomplice corroboration Prostitutes Easley as to that evidence.

It is true that the jury had before it some accomplice testimony, but that testimony related solely to the Junghanses' murders. A jury had already found defendant guilty, beyond a reasonable doubt, of those murders, and hence no accomplice corroboration instruction was necessary as to that evidence. Rich 45 Cal. In Prostitutes Easley, we have previously recognized that even if additional instructions may be proper, "a defendant for tactical considerations may not want the penalty phase instructions Prostitutes Easley with a series of lengthy instructions In light of these tactical considerations, a defendant who has not requested an instruction Phillips 41 Cal.

Defendant's case is similar: delivering the corroboration instructions even after the necessary corroboration must already have been found to exist -- defendant Prostitutes Easley been convicted -- might result in a jury placing undue significance on the fact that the Prostitutes Easley testimony was corroborated, rather than on the penalty issue. Although instructing the jury on accomplice testimony would not be erroneous in this circumstance, it Prostitutes Easley not required in the absence of a specific request for such instructions.

The judgment of death is reversed.

Because we reach this conclusion Prostitutes Easley defendant's Prostitutes Easley, the petition for a writ of habeas corpus is dismissed as moot. Mosk, J. Unless otherwise indicated, all statutory references are to the Penal Code. There was no agreement for the murder of Sigrid Junghans; she apparently was killed because she was at home when defendant arrived to kill her husband.

Plankington's initial testimony on this point was somewhat equivocal. The prosecutor asked Plankington on direct examination whether, when he saw Prostitutes Easley in the bar, another person was with Martin.

JB Easley Recognized by City \u0026 County

Plankington responded: "Yes, there was a gentleman sitting on the right of Mr. It appeared to me to be the defendant Mr. Aren't you certain it was Mr. Tatum who had a lot of features that Mr. Easley did who was also there, and -- but I was -- I was reasonably sure, yes, Prostitutes Easley sure it was Mr. In response to the prosecutor's question "As you sit there today, what is your feeling?

On cross-examination, Plankington's identification became more resolute. He stated he was "sure," and "awful sure," that he had seen defendant with Martin.

We take judicial notice of the civil complaint filed by Hanson on behalf of Plankington and others, and the certified copy of the docket sheet related to that action. At that trial, defendant successfully moved for a change of venue from Stanislaus County.

The Prostitutes Easley and second trials were both held in Monterey County. The Stanislaus County District Attorney prosecuted both trials. The content of this discussion, and the April hearing discussed below, was later memorialized in a settled statement. Rules of Court, rule 36 b. Prior unadjudicated crimes evidence was and is admissible under California law. The prosecutor told the court, "Mr. Hanson represented Mr.

Plankington and probably Prostitutes Easley does. Plankington is the owner of the house of prostitution from Nevada and which the People alleged [defendant] burned down, by Prostitutes Easley of being hired to do so in the penalty phase, and we feel that may be a conflict, the fact that he represented him at one time. Hanson also elicited a confession from [defendant] regarding his involvement in the arson, and the fact Prostitutes Easley he was an aider and abettor in that arson in Nevada.

Ante, fn. At both this and the previous hearings, the fact that Hanson had obtained defendant's confession to the arson was viewed as important only because it meant Hanson Prostitutes Easley be a witness should defendant testify and deny the arson.

Other implications of Hanson's actions in connection with the confession and his representation of Plankington were never discussed. In his closing argument, Prostitutes Easley prosecutor noted that defendant had attempted to introduce evidence and impeach prosecution evidence to show that others were more responsible for the Junghanses' murders. But, the prosecutor argued, the evidence showed Prostitutes Easley that those persons were involved, and that it was defendant who actually committed the murders for money.

How about the other Prostitutes Easley in the middle of that chain, Murder mechanic is a simple term for him. He did the Prostitutes Easley for hire Prostitutes Easley could have resulted in murder There could have been some deaths there. Really, he's a murder mechanic. He's willing to commit homicides for money and travel any distance, go to Las Prostitutes Easley from Fresno.

He'll go to Modesto. According to the one eyewitness account offered by a brothel employee who stated two people committed the arsonand Plankington's civil complaint which Hanson filedothers were involved in the arson.

Hanson presented none of the available evidence such as calling other witnesses or seeking to introduce evidence from the intervening federal criminal trial to show that defendant was not solely responsible for the arson. This failure is striking when we contrast Hanson's strategy regarding the evidence of the Junghanses' murders.

Hanson attempted to show, and stated in his closing argument, that there were lingering doubts about defendant's responsibility because of the involvement of others in planning and Prostitutes Easley those murders.

Hanson argued that this fact, and the relative culpability of other participants in the murders, meant the jury should sentence defendant to life without possibility of parole. See ante, pp. The defense at the second trial included Prostitutes Easley testimony that because of defendant's depression and grief following his daughter's death, he was subject to the influence of others and unable to protect his own interests.

A similar argument might have been made Prostitutes Easley respect to defendant's state of mind following his Prostitutes Easley trial -- i. In addition to the conflict, Hanson faced another obstacle to making these arguments.

Had Hanson, despite his conflict, argued that defendant was coerced into making a confession -- or that defendant was only marginally involved in the arson -- Hanson's own role in obtaining the confession and pursuing the federal civil Prostitutes Easley would also Prostitutes Easley become known.

The ultimate result of such an argument would likely have damaged Hanson's credibility with the jury. Immunity granted by a federal court acts as a complete bar to any later use of such testimony, in any court, except for a prosecution for perjury.

We would reach the Prostitutes Easley conclusion under our state-law conflict-of-counsel cases. See ante, p. As Prostitutes Easley said in Mroczko, supra, "[Defendant's] final comment, that he was aware of the possibility of a conflict but did not 'believe it,' should have alerted Prostitutes Easley trial court to the fact that he may not have understood the severity of the problem. Nor was it explained to defendant that Hanson would be unable to attack the voluntariness or truthfulness of defendant's confession Prostitutes Easley the arson should it be introduced in evidence as a result of Hanson's involvement in obtaining that confession and pursuit of the federal civil suit on behalf of Plankington.

This was also the pattern of the earlier hearings, at which the conflict that the parties discussed was the conflict facing Hanson Prostitutes Easley he be required to testify. That section provides in relevant part: "A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect Prostitutes Easley defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.

Defendant argues that all of the evidence introduced at trial was consistent with a theory that Westmoreland alone, or with the aid of an unidentified accomplice, committed the homicides.

Citation 46 Cal. Summary Opinion Docket Briefs People v. Supreme Court of California. September 1, S, Crim. Penalty Phase Facts The evidence presented at defendant's first trial Prostitutes Easley set out in our prior opinion.

For purposes of this appeal, we summarize that Prostitutes Easley as follows: A. Additional Penalty Phase Evidence -- The Arson for Hire At defendant's first penalty trial, and again at the penalty retrial, the prosecution introduced aggravating evidence of defendant's prior criminal activity under former section Defense Evidence Defendant attempted to cast doubt on his responsibility for the Junghanses' murders. Discussion A. Ineffective Assistance Prostitutes Easley Counsel Based on Representation of Another Client With Conflicting Interest [1a] Defendant contends he was deprived of effective assistance of counsel because, at Prostitutes Easley time of the penalty retrial, his attorney Roger Hanson simultaneously represented Walter Plankington, whose interests conflicted with those of defendant.

The Record Prostitutes Easley Appeal The record discloses the following: At the time Hanson represented defendant at the second penalty trial, he simultaneously represented Plankington in a federal civil suit against Martin and others. December hearing In Decemberat the trial setting conference on defendant's second penalty trial, the public defender who had represented defendant in the first trial asserted he was unable to continue representation because he had a conflict. January hearings The appointment of counsel issue was again discussed in early Januarybefore a different judge.

March hearing In Marcha hearing was held before the judge who eventually Prostitutes Easley over the penalty phase retrial. April hearing In Prostitutes Easleya hearing was held on defendant's pretrial motions. The Habeas Corpus Petition As noted above, defendant filed a habeas corpus petition alleging facts outside the Prostitutes Easley which relate to the conflict between Hanson, Plankington and defendant.

Analysis [2] "In order to establish a violation of the Sixth Amendment, a defendant who raised Prostitutes Easley objection at trial must demonstrate that an actual conflict of interest adversely affected his lawyer's performance.

Three face sex-trafficking charges

Active representation of conflicting interests [1b] We conclude Hanson's Prostitutes Easley representation of Plankington and defendant resulted in active representation of competing interests. Adverse effect on counsel's performance [3] It is important to recognize that "adverse effect on counsel's performance" under Sullivan, supra, U.

Alleged Waiver of Conflict Prostitutes Easley The People argue that any conflict of interest was waived. The Effect of Defendant's Concurrence in the Appointment of Counsel [8] The People claim that Hanson was essentially a retained attorney because defendant specifically requested Hanson's assistance and thus defendant had the services of his counsel of choice. Prostitutes Easley Instructions Regarding Accomplice Testimony Not Required The court gave two instructions about the jury's consideration of accomplice testimony.

See ante, footnote 5. S Parties.

§ INSURANCE REQUIRED.

Briefs Dec 23 Prostitutes Easley opening brief filed permission to file Granted. Mar 24 Respondent's brief filed May 14 Appellant's reply brief filed If you'd like to submit a brief document to be included for this opinion, please submit an Prostitutes Easley to the SCOCAL website. Engler Attorney General's Office.

Easley46 Cal. Filed certified copy of Judgment of Death Rendered Extension of Time application Denied To C. Filed document entitled: Applic. Prostitutes Easley for Extension of Time filed To C. Czar To To Complete R. Order filed: Granting C. Love's request for Reconsideration of Denial Order. Counsel appointment order filed Alex Reisman, Esq. Change of Address filed for: Applt's Counsel. Compensation awarded counsel. Record on appeal filed C-2 Pp. Motion filed Prostitutes Easley Applt to Decertify the Record.

Filed document entitled: Applt's Suppl Declaration in support of motion to Decertify. Order filed: Decertifying Record. Applt Prostitutes Easley 30 Days from Date of Record's Decertification to request correction.

Note: Record returned to Monterey Superior Prostitutes Easley. Filed document entitled: Corrected P. Filed: Engrossed Settled Record 11 Pp. Application for Extension of Time filed To file Aob. Appellant's opening brief filed permission to file Granted. Application for Extension of Time filed To file Resp's brief. Application for Extension of Time filed To file reply brief. Extension of Time application Granted To To file reply Prostitutes Easley.

Appellant's reply brief filed. Filed: Applt's Confidential Applic.

Plankington is the owner of the house of prostitution from Nevada and which the People alleged [defendant] burned down, by way of being hired to do so in the penalty phase, and we feel that may be a conflict, the fact that he represented him at one time.

American Legal Publishing and the jurisdiction whose laws are being translated do not vouch for the accuracy of any translated versions of such laws.

PDF documents are not translated. Resources Sitemap Accessibility Help Center. Compare Prostitutes Easley - No Earlier Versions. Easley Overview. Easley, SC Code of Ordinances. Share Download Bookmark Print. No certificate shall be issued by the city to any person to operate a taxicab or other like vehicle within the city unless Prostitutes Easley vehicle is covered by standard limits liability insurance, Prostitutes Easley set by the State of South Carolina, and proof of same is exhibited to the City Clerk and Treasurer.

Each policy of insurance shall contain a clause authorizing or directing the insurer to notify the city of any cancellation thereof, and immediately upon each notice of cancellation, the city shall revoke such license to operate a taxicab or other like vehicle Prostitutes Easley the city.

Each policy of insurance shall name the city as an additional Prostitutes Easley party and also indemnify the city. Hosted by: American Legal Publishing Corporation.

Prostitutes Easley, Phone numbers of Sluts in Easley, United States

April hearing In April , a hearing was held on defendant's pretrial motions. In addition, the court instructed the jury that Donald Davis, Kenneth Davis, Smith and Westmoreland were all accomplices as a matter of law.

• pl
• cs
• en
• es
• fr
• de
• it
• bg
• sv
• hu
• ja
• pt
• nl
• hr
• da
• fi
• no
• lv
• el