The job of an attorney is important because he or she protects the defendant from the prosecution and others in power who may try to trample on the defendants' rights. Without an advocate who knows the law and is able to help a suspect, people would be sent to prison without proper proof.
As Los Angeles Criminal Defense Attorney Vincent Howard has seen over the years, everyone must be looked at closely to ensure that the defendant's rights are honored. That can include judges.
And when a charge such as murder in Los Angeles is being discussed, it is even more critical to look at all the facts and be prepared for the unknown. When murder is the charge, much more is at stake. According to California Penal Code Section 187, murder means killing another, and it can be punished by death.
In this case, out of Georgia, a defendant was convicted of murder. On appeal, he had the conviction overturned and was provided a new trial because of comments made by his judge. Los Angeles Criminal Defense Attorney Vincent Howard believes it's important to listen closely not only to the testimony on the witness stand, but also what is being said throughout the courtroom.
In Murphy v. State, the man was convicted of malice murder, felony murder and cruelty to children in connection with the death of a 15-month-old girl in 1998. After conviction, the man asked for a new trial, but those efforts were denied. He was sentenced to life in prison.
The man was arrested after police responded to a house where he lived with a woman and her two children. The 15-month-old girl was found not breathing and without a pulse. Revival efforts were unsuccessful.
The defendant was babysitting the girl the day she was found dead. When the girlfriend returned home from work around 8:30 p.m., she found the girl sleeping and seemingly normal. Around midnight, the girl was whining and appeared limp and struggling to breathe. The defendant administered CPR while the girlfriend called 911.
Experts testified that the girl had been beaten and internal organs had ruptured. The girl died of toxic shock after the contents of her intestines leaked into her abdomen. There were visible cuts on her body.
The basis of the appeal isn't necessarily the facts of the case, but rather what the judge said in front of jurors that caused the problems. When a detective was on the stand, the judge called him "a good detective" who has a "good recollection"," and who, with thorough notes, his memory and his "good efforts" with attorneys should be able to find the "truth of the matter."
It's obvious to Los Angeles Criminal Defense Attorney Vincent Howard that these comments could influence jurors to give the detective more credibility than other witnesses. And, as the Georgia Supreme Court correctly pointed out, these errors are more than just simple mistakes.
When a juror hears from a judge favorable comments about a witness, they are likely to think more favorably about the witness, whether that is happening subconsciously or not. And jurors should see all witnesses as equal in credibility, without outside influences.
If you or a loved one would like to speak to a criminal defense attorney in Los Angeles or in any of the surrounding areas, contact HOWARD LAW PC for a confidential appointment to discuss your rights. Call 1-800-872-5925.
More Blog Entries:
Body Parts Case: Police Must Have Strong Evidence in Los Angeles Murder Cases: January 31, 2012
Santa Ana Serial Killing Case Requires Experienced Murder Defense Attorney: January 27, 2012
