 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Smith3/22/1993
Donald Eugene Smith (Smith) appeals the decision of the district court in People v. Smith, No. 89CR72 (June 28, 1990), wherein the jury found Smith guilty of first degree murder and the district court sentenced Smith to the mandatory minimum sentence of life imprisonment with no possibility of parole for forty years. § 18-1-105(1)(a)(IV), 8B C.R.S. (1986 & 1989 Supp.); § 16-11-103, 8A C.R.S. (1986 & 1989 Supp.). Smith appeals and contends that the district court erred by: (1) instructing the jury that the prosecution would not seek the death penalty pursuant to section 16-10-110, 8A C.R.S. (1990); (2) refusing to admit character evidence regarding the decedent; (3) failing to readminister an oath to the jurors ultimately chosen to serve on the panel; and (4) imposing an unconstitutionally disproportionate sentence. We affirm the district court ruling.
I.
During the afternoon and evening of December 15, 1989, Smith was drinking beer in his apartment with his sixteen-year-old cousin, Brandon Kyle (Brandon), and a group of Brandon's friends. At approximately 1:00 a.m., Bobby Joe Kyle, Smith's uncle, came to Smith's apartment to take his son Brandon home. As he left Smith's apartment with Brandon, Bobby Joe Kyle (the victim) told Smith that he was going to turn him in to the police for contributing to the delinquency of minors.
At approximately 2:10 a.m., Smith went to the home of his former girlfriend. Smith told her that the recruiter for the U.S. Army had told the victim that Smith would not be admitted into the army because he had "failed his test." Smith told her that "the family would be a lot better off without [the victim]" and that "if he could kill [the victim] and get away with it, he would do it." She noted that Smith was intoxicated and appeared to be depressed.
At approximately 3:00 a.m., Smith entered the front doors of the victim's home with a Ruger rifle in his possession. The victim had been sleeping on the living room couch. Aimee, the victim's thirteen-year-old daughter, heard the following events: the front doors opened; the victim exclaimed, "What the hell, Gene"; and a series of gun shots were fired. Smith fired seven shots, six of which entered the victim's body. Aimee found the victim attempting to phone for help; Aimee and her brother Cliff called for emergency assistance. The victim died from multiple injuries caused by the gun shots. Later that morning, the police apprehended Smith. Smith was charged with first degree murder.
At trial, the district court administered two oaths to the potential jurors. The first oath was given before the jury questionnaires were distributed; this oath required the potential jurors to truthfully answer all the questions. The second oath was given after the panel of thirty-five potential jurors was accepted for cause, and before the attorneys on both sides exercised their peremptory challenges; this oath required the jurors to well and truly try the case. The district court did not readminister the second oath after selecting the final jury panel. At the beginning of voir dire, the district court informed the jury, pursuant to section 16-10-110, 8A C.R.S. (1990), and over Smith's objection, that the prosecution would not be seeking the death penalty in Smith's case.
Witnesses at trial testified regarding Smith's relationship with the victim over the years and months before the shooting. Smith's grandmother, Ruth Smith, testified that the victim teased Smith; Smith's aunts, Betty Jo Trumble and Charlotte Good, testified as to two incidents, which occurred several years before the killing, where
Page 1 2 3 4 5 6 7 8 9 10 Colorado DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|