 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Mayfield1/2/1997
ose Dr. Kania's statements because he was still a potential witness. Because defendant presented no evidence that Bristoll performed incompetently with respect to Dr. Kania, the trial court acted properly in rejecting this ground.
Regarding the three county jail inmates whom the prosecution had identified as potential penalty phase witnesses against defendant, these inmates allegedly were witnesses of violent conduct by defendant during pretrial incarceration on the charges in this case. Bristoll's investigative team obtained reports of the incidents, investigated the backgrounds of all three inmates, and extensively interviewed one. Bristoll decided that none of them was a potential defense witness, and he successfully moved to exclude evidence of defendant's alleged violent conduct at the jail. We agree with the trial court's implied finding that Bristoll competently represented defendant with respect to this potential penalty phase evidence.
Regarding the charge of a complete breakdown in the attorney-client relationship, substantial evidence at the hearing supports the trial court's express finding that such a breakdown had not occurred. At the hearing, defendant affirmed that he still respected Bristoll, and he said that he did not agree with some of the things alleged in the motion, which he had not been afforded an opportunity to review before it was filed. Bristoll stated that a breakdown had occurred, but the breakdown he described was primarily with members of defendant's family, not with defendant. Bristoll said he had enjoyed an unusually good rapport with defendant during the guilt phase. We will not disturb the trial court's finding that Bristoll's ability to provide defendant with effective representation at the penalty phase had not been seriously undermined by a breakdown in his relationship with defendant.
3. Denial of Continuance
On defendant's behalf, Ames requested that the hearing on the motion to substitute counsel be continued for one week to permit his investigators to obtain declarations from individuals claiming to have personal knowledge of Sergeant Wolfley's alleged propensity for violence, and to interview additional individuals who might have such knowledge. The trial court denied the motion. Reviewing this ruling under the deferential abuse of discretion standard ( People v. Hawkins, (supra) , 10 Cal. 4th 920, 945), we find no abuse of discretion. The evidence presented at the hearing revealed that Bristoll and his investigative team had performed a competent investigation of Sergeant Wolfley's alleged propensity for violence, and in particular had dealt appropriately with the four names that defendant had given him. Additional evidence would not have altered this Conclusion.
B. Notice of Aggravating Evidence
Defendant contends that the prosecutor failed to provide him with timely notice of the evidence of aggravating circumstances to be presented at the penalty phase and that this failure violated section 190.3 and denied defendant his right to due process of law under the federal and state Constitutions (U.S. Const., 5th & 14 Amends.; Cal. Const., art. I, § 15). More particularly, defendant contends that the prosecution failed to provide him with timely notice of the identity of witnesses who would testify to the facts underlying two of defendant's prior felony convictions.
As here relevant, section 190.3 provides that in a capital case the prosecution may present evidence in aggravation only if it has given the defendant "notice of the evidence to be introduced . . . within a reasonable period of time as determined by the court, prior to trial." (§ 190.3, 4th par.) To be timely, the notice
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|