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Eligibility in a death penalty case: the forgotten phase Eligibility in a death penalty case: the forgotten phase

Eligibility in a death penalty case: the forgotten phase - PowerPoint Presentation

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Uploaded On 2018-02-20

Eligibility in a death penalty case: the forgotten phase - PPT Presentation

Stephen L Richards Law Firm of Richards and Lyon 7738176927 Sricha5461aolcom Four Steps Strategy Pretrial Litigation Jury Selection Evidence Argument and Jury Instructions ID: 633565

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Slide1

Eligibility in a death penalty case: the forgotten phase

Stephen L. Richards

Law Firm of Richards and Lyon

773-817-6927

Sricha5461@aol.com Slide2

Four Steps

Strategy

Pretrial Litigation

Jury Selection

Evidence, Argument, and Jury Instructions Slide3

Why is the eligibility phase the best thing since sliced bread?

One Juror – Defense Wins

Reasonable Doubt

Residual Doubt

Rules of Evidence

Slide4

Eligibility Jury Wins Since 2000

Larry Mack

– 4 jurors didn’t believe felony murder killing was intentional

James Huff

– 12 jurors didn’t believe child was intentionally killed during course of sexual assault

Maurice

LaGrone

12 jurors decided that defendant did not have the intent to kill more than one person

William Buck

– two jurors didn’t believe that officer was acting in line of duty Slide5

Should you ever give up on eligibility?

Multiple murder cases?

But . . . Check to see if prior murder qualifies

Arson cases --- is there an intent to kill more than one person by a single act

If felony murder or accountability did your defendant intend to kill or know

More than one aggravator?

Numbers count

Some aggravators are worse than others

Chance to train jury in one juror verdict principleSlide6

Selected Eligibility Issues

Felony murder –

Actual killer or

wounder

Mental state

Was the felony established beyond RD

Police officer -- in line of duty or known to be police officer

Cold and calculated – “cold” and “premeditated”Slide7

Pretrial Litigation on Eligibility Issues

Eligibility Factors not in Indictment

Notice of Intent (Not specific enough)

Unprovable

– request for evidentiary hearingSlide8

Eligibility and Jury Selection

Ask for the

Zehr

questions on eligibility, if there is going to be a good eligibility issue

Ask to modify the Morgan questions, based on the aggravating factors Slide9

Jury Instructions

The “Mack Error” Rule

Check to See Which Evidentiary Instructions you Need to Repeat from the First Phase

Ask for Separate Verdict Forms for Each Factor

Look for non-IPI definitions as to each factor Slide10

Example:

For murder to be “cold,” it must be not motivated by mercy or the emotion of the moment, and the defendant must kill without feeling or sympathy. For a murder to be “calculated and premeditated pursuant to a preconceived plan, scheme, or design,” it must have been deliberated or reflected upon for an extended period of time

, and must have been thought out well in advance of the crime.