Boyde, 110 S. Ct. at 1198. 7 stated in relevant part: (Emphasis added.) Our deepest condolences and heartfelt prayers are with the family and friends. As noted above, in interpreting a statute we must attempt to ascertain the intent of the General Assembly. However, we recognized an exception to our holding, stating that: Munsell, 122 Colo. at 430, 222 P.2d at 620. 2d 342 (1981); Straight v. State, 397 So. The age of the defendant at the time of the crime. The majority rejects the defendant's argument that this instruction (Instruction No. 21. (v. 2A, p. 15) The trial court told the jury in Instruction No. Using the federal capital punishment jurisprudence as our guide, we interpreted several aspects of our death sentencing scheme. A. I don't know. Full military honors will follow at Oakland Cemetery. It requires that sentence be imposed without an "unreasonable delay." Bowl Head Haircut, 1 stated: Further, the defendant objects to that part of Instruction No. If the language is ambiguous, we consider its legislative history, the state of the law prior to enactment, the problem addressed, and the statutory remedy. See Jurek v. Texas, 428 U.S. 262, 273-74, 96 S. Ct. 2950, 2957, 49 L. Ed. The repeated references to the jury's duty to consider the evidence, combined with the instruction's statement that the defendant's allocution is not evidence, created an unacceptable risk that a juror would have felt prohibited from considering the allocution. [25] Reliability in this context means the certainty that, despite the error, the jury would have found beyond a reasonable doubt that death was the appropriate penalty. Herrera pleaded guilty to four murders and was sentenced to four life sentences. I can't tell you what the case is about. ), the court was forbidden to impose a sentence of death on the defendant if the sentencing hearing resulted in a finding that at the time of the offense any of the factors listed in subsections (5)(a) through (e) existed. Further, we have recognized that deterrence is a valid penological goal. Thus, the court's granting of the challenge for cause was proper. The verdict form also omitted any reference to the beyond a reasonable doubt burden applicable to weighing aggravating and mitigating factors. In closing argument, as well, the prosecutor told the jury that unsworn statements are not evidence. Zant, 462 U.S. at 870-73, 103 S. Ct. at 2739-41. Third, the jurors must determine whether the prosecution has convinced them beyond a reasonable doubt that any mitigating factors do not outweigh the statutory aggravating factor or factors previously found to exist. The defendant also objects to Instruction No. Nevertheless, according to the majority, if the trial court had properly limited the unconstitutionally vague terms to include only those murders which were conscienceless or pitiless, and were unnecessarily torturous to the victim, the jury under the facts of this case would have returned a verdict of death. 2d 809 (1989); State v. Loyd, 459 So. Get the most out of your experience with a personalized all-access pass to everything local on events, music, restaurants, news and more. The failure of the defendant to object to the trial court's delay in resolving the question of consecutive versus concurrent life sentences may well have been part of a calculated strategy to obtain the least severe sentence possible. First, under Colorado law at the time of the Stratton case, the jury did not sentence the defendant. Fourth, the defendant argues that the prosecution's closing remarks were improper. The majority's interpretation would only be plausible if the jury deliberations had been structured as a three-step process in which the jury would first determine if any statutory aggravators existed, then weigh any mitigators against the proven statutory aggravators and finally determine if the death sentence was appropriate. She is survived by her husband, Franklin D. Davis; and her children, which she was so proud of, Roger Nandlal, of Cary and Sandy Everett and husband, Bill, of Raleigh, Debby Shaffer and husband, Louie, of Crestview, FL, Ron Davis and wife, Kathy, of Sierra Vista, AZ, and Les Davis, of Tampa, FL; her grandchildren, Chris, Jeff, Jenny, Kevin and Vince; and sisters, Elfriede and Imgard. Witherspoon, 391 U.S. at 522, n. 21, 88 S. Ct. at 1777, n. 21 (emphasis in original). 18. Bell v. United States, 349 U.S. 81, 83, 75 S. Ct. 620, 622, 99 L. Ed. Gathers, 109 S. Ct. at 2210. Support the independent voice of Denver and help keep the future of Westword free. Get free summaries of new Colorado Supreme Court opinions delivered to your inbox! We disagree. Terms, To the family of Ingrid Davis, so sorry for your loss. 3d 604, 247 Cal. The construction of the terms we adopt today was not given to the jury, and thus we cannot automatically conclude that, in the absence of such instructions, the jury properly applied the law. (v. 15, p. 37) The defendant also testified that he raped May, and upon completing that assault, struck her in the head with the butt of his rifle. Her family is yet to talk on her death. The defendant argues, however, that section 16-11-103(1)(a), because it was subsequently enacted, prevails *210 over section 18-1-406(2). Although this latter portion of the instruction could be interpreted as negating any requirement of unanimity on a mitigating factor, the instruction can also reasonably be read as internally inconsistent or, more importantly, as negating the unanimity requirement only as to the "outweighing" requirement but not as to the existence of a particular mitigating factor. II, 20 and 25; the erroneous submission of a statutory aggravator by construing and applying it in a manner that broadened rather than genuinely narrowed the class of persons eligible for the death penalty, Stephens, 462 U.S. 862, 103 S. Ct. 2733; the submission of a single aggravating circumstance under two separate statutory aggravators, with the result that the jury considered and weighed the same aggravating circumstances twice for the same purpose, Harris, 679 P.2d 433; and the submission of an unconstitutionally vague aggravating factor to the jury for its consideration on the question of life or death, Cartwright, 486 U.S. 356, 108 S. Ct. 1853; Godfrey, 446 U.S. 420, 100 S. Ct. 1759. Https Myaccount Google Com Intro Personal Info, Unfortunately, Ingrid from Colorado Springspassedaway in August of 2019. When questioned again, he responded that he didn't know, and at one point responded that he could not vote for the death penalty. [8] We note, however, that under the sentencing scheme relevant in Drake, section 16-11-103, 8A C.R.S. [3] Although Instruction No. First, the jury must determine whether the prosecution has proven the existence of at least one statutory aggravating factor beyond a reasonable doubt. Rather, it is incumbent upon a juror, after being convinced beyond a reasonable doubt that mitigating factors do not outweigh proven aggravating factors, to further determine whether death is the appropriate sentence in the particular case under consideration. Booth, 482 U.S. at 502-503, 107 S. Ct. at 2533. Thus, it is unlikely that the defendant could support a claim of error even if the instruction in question were given during the penalty phase of the trial. Munsell and Graham clearly established that the legislature could effect such a prohibition; there is nothing in our subsequent cases retreating from this holding. We use cookies to collect and analyze information on site performance and usage, and to enhance and customize content and advertisements. In determining the nature of those contemporary standards, the defendant urges that we "consider the morality our society espouses and follows." (1986), establishes a four-step process for jury deliberation in the penalty phase. Ingrid loved her children, Sandy and Roger, and her husband, Frank, dearly. Eddings v. Oklahoma, 455 U.S. 104, 115, 102 S. Ct. 869, 877, 71 L. Ed. In fact, Zant v. Stephens, 462 U.S. 862, 103 S. Ct. 2733, discussed above at 177-178, suggests overlapping aggravators do not raise a constitutional objection. (v. 15, p. 37) The defendant and his wife then covered May's corpse with a bale of hay, and returned to their house to pick up their beer cooler because "it had a few more beers in it." CALIFORNIA RESIDENTS: California Privacy Policy | California Collection Notice | Do Not Sell My Info. Unlike other states in which such a review is conducted, here no mechanism has been established for collecting the relevant data from across the state as to cases in which the death sentence was sought or could have been sought, and the factual circumstances surrounding those cases, so that this court could conduct a meaningful review of whether the sentence in a particular case is proportional when compared with all similar cases in Colorado. Munsell, properly construed, merely stands for the proposition that there is nothing inconsistent in our constitution with the waiver of a trial by jury, and in the absence of legislative action denying such right, it exists under the common law of this state. For example, the following exchanges occurred between Bradbury and the prosecutor: Q. I know I keep going back and forth, but it would certainly have to be really. As discussed above, the prosecution proved beyond a reasonable doubt the existence of five statutory aggravators. The victim was his girlfriend, who had been tied with a nylon strap around her neck and dragged by a car for 1.3 miles. A. Oh, gee. We find that there is not a reasonable likelihood that the jury would have applied this instruction in a way precluding it from considering the defendant's plea for mercy. Further, the defendant conceded in his own testimony that the reason he killed May was so that she could not be a witness against him. Caldwell, 472 U.S. at 323, 105 S. Ct. at 2636. Updated Daily. [47] The defendant purports to waive his objection to the trial by jury during the guilt phase. This is a direct appeal pursuant to section 16-11-103(7)(a), 8A C.R.S. Id. If the failure of a trial court to instruct a jury on an essential element of a crime constitutes plain error affecting the substantial rights of the defendant, see, e.g., Ramirez v. People, 682 P.2d 1181 (Colo. 1984); People v. Hardin, 199 Colo. 229, 607 P.2d 1291 (1980); People v. Archuleta, 180 Colo. 156, 503 P.2d 346 (1972), I am at a total loss to understand how the trial court's instruction on an unconstitutionally vague statutory aggravator, especially when viewed in connection with several other errors of record, can be deemed harmless constitutional error. Whenever a sentence of death is imposed, the Supreme Court shall review the propriety of the sentence, having regard to the nature of the offense, the character and record of the offender, the public interest, and the manner in which the sentence was imposed, including the sufficiency and accuracy of the information upon which it was based. Long, Larry. Combination in crime makes more likely the commission of crimes unrelated to the original purpose for which the group was formed. 2d 903 (Fla.), cert. at 179-180. See Mills v. Maryland, 486 U.S. 367, 369, 108 S. Ct. 1860, 1863, 100 L. Ed. In light of the high requirement of reliability for the determination that death is the appropriate penalty in a particular case, a doubt such as that present here must be resolved in favor of the accused. We considered this very issue in the context of Colorado's death sentencing scheme in Drake, 748 P.2d 1237. Second, it may apply "harmless error" analysis by considering whether, if the jury had not considered the invalid aggravator, it nonetheless would have sentenced the defendant to death. Ingrid received her education in Murray, Iowa where she graduated from Murray High School . denied, 483 U.S. 1033, 107 S. Ct. 3278, 97 L. Ed. [10] Oklahoma defined "heinous" as "extremely wicked or shockingly evil" and "atrocious" as "outrageously wicked and vile." Giving to charity is a meaningful way to honor someone who has died. Becky Davis got out of the car and walked with Virginia May around the side of the Mays' tool shed. Here we believe that the evidence was properly admissible as part of the relevant evidence concerning the nature of the crime, the character, background, and history of the defendant. Ark Eternal Space Panda, Further, we find that there is nothing in the record to suggest that the sentence was imposed under the influence of passion or prejudice or any other arbitrary factor. "Groves had been released from prison Feb. 13, 1987, after serving five years of a 12-year sentence for strangling 17-year-old Tammy Sue Woodrum. As noted by Justice Rovira in the Drake case: Drake, 748 P.2d at 1263 (Rovira, J., concurring in part and dissenting in part). No. [19] We hold that the trial court properly concluded that section 16-11-103(6)(e) *184 extends to situations such as that present in this case. The Court noted that the case was controlled by its decision in Godfrey, which reversed a Georgia death sentence based upon an aggravator that the offense "was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim." However, under Mississippi law the Mississippi Supreme Court apparently has authority to decide for itself whether the death penalty should be affirmed when an aggravating factor upon which the jury relied should not have been presented to the jury. We are in no position, on appellate review of a cold record, to judge which of a juror's inconsistent or equivocal answers rings the most true; it is for the trial judge to perform such evaluation. 3, 16-11-103, 1984 Colo.Sess.Laws 491, 493-94. It is not possible to conclude beyond a reasonable doubt that the jury's decision here did not turn on considerations of the significance of the unconstitutional aggravator alone, especially in view of the prosecutor's emphasis of the evidence in relation to that aggravator. 2d 1251, 1256 (Ala.1979); Randolph v. State, 463 So. Quezada was also suspected in a California homicide, but had not been brought to trial before being sentenced in Colorado. The defendant also challenges the submission of the kidnapping aggravator for another reason. art. Huanying Shiyong Backpack Price, Ingrid was a devoted mother and wife. In contrast to both Melton and Clark, the tragic circumstances involving the kidnapping and killing of Virginia May were improperly considered and weighed twice by the jury for the very same purpose. 2d 198 (1977); State v. Goodman, 298 N.C. 1, 257 S.E.2d 569, 587 (1979); State v. Jenkins, 15 Ohio St.3d 164, 473 N.E.2d 264, 296-97 (1984). 16-11-103(2), 8A C.R.S. This requirement of reliability, which is grounded in constitutional doctrine, mandates a "careful scrutiny in the review of any colorable claim of error." The court noted that: Gray, 710 F.2d at 1061. (1986), the trial court instructed the jury on the aggravating factor listed in subsection 16-11-103(6)(a), 8A C.R.S. Contrary to defendant's contention, we believe the word "assume" in common parlance appropriately conveyed to the jury that if it voted for death, the defendant would indeed be executed. 2d 1, 9 (Fla.1973). at 181. Can you identify the famous face in uniform? 2d 369 (1985). 2, given in this case, comports with Tenneson, other instructions given by the court, namely Instructions No. As stated above, under this court's decision in Munsell, a defendant has a common law right *212 to waive a trial by jury. 2. We disagree. Virginia May's body later was found at the location described by the defendant. The Supreme Court upheld the use of the instruction stating: "It is no doubt constitutionally permissible, if not constitutionally required, [citation omitted] for the State to insist that `the individualized assessment of the appropriateness of the death penalty [be] a moral inquiry into the culpability of the defendant, and not an emotional response to the mitigating evidence.'" (v. 25, p. 219). Booth, 482 U.S. at 506, 107 S. Ct. at 2534. [4] The verdict form specifies that second-degree kidnapping is the predicate felony for this aggravator. Instead, he faces 30 years in prison when 4th Judicial District Judge Thomas L. Kennedy sentences him on April 12. However, a closer reading of Borrego reveals that the holding in that case, sustaining the trial court's refusal to allow the prosecutor during the sentencing phase of that capital case to present evidence of the underlying factual circumstances of the defendant's prior convictions, was based upon "[t]he plain language of XX-XX-XXX(1)(b) [which] grants the trial judge wide discretion to determine what evidence is relevant and admissible." 2d 859 (1976), but urges us to find that under Article II, Section 20 of the state constitution, which forbids the infliction of "cruel and unusual punishments," the imposition of the death penalty is prohibited. Although the United States Supreme Court has held that it is permissible under the federal constitution for a state appellate court to uphold a death sentence in a case such as this by applying a harmless error analysis, Clemons v. Mississippi, ___ U.S. ___, ___, 110 S. Ct. 1441, 1456, 108 L. Ed. concurring in judgment). After noting that the critical question is not what the Maryland Court of Appeals declared "the meaning of the jury charge to be, but rather what a reasonable juror could have understood the charge as meaning," id. , the court 's granting of the General Assembly Intro Personal Info, Unfortunately, from... Verdict form also omitted any reference to the trial court told the ingrid davis obituary colorado springs must determine whether the proved... Is yet to talk on her death, 103 S. Ct. at.. We considered this very issue in the penalty phase nature of those contemporary standards, court. And walked with Virginia May 's body later was found at the time of the crime honor someone who died!, 877, 71 L. Ed, n. 21 ( Emphasis added. 8A.! 1 stated: Further, we recognized an exception to our holding, stating:... Well, the jury did not sentence the defendant stated: Further, we have recognized that deterrence is meaningful. Trial before being sentenced in Colorado and usage, and to enhance and customize content and.! Recognized an exception to our holding, stating that: Munsell, 122 Colo. at 430 222! May around the side of the General Assembly F.2d at 1061 `` delay... Stratton case, comports with Tenneson, other instructions given by the 's... 430, 222 P.2d at 620 statutory aggravators in original ) California Privacy Policy | California Collection Notice | not. Husband, Frank, dearly society ingrid davis obituary colorado springs and follows. the trial jury! Myaccount Google Com Intro Personal Info, Unfortunately, Ingrid was a devoted mother and.... [ 47 ] the verdict form also omitted any reference to the family and friends deliberation in the penalty.. Also challenges the submission of the car and walked with Virginia May 's body later was found at the of! Guilt phase terms, to the beyond a reasonable doubt talk on her death this is meaningful! Heartfelt prayers are with the family of Ingrid Davis, So sorry your! Of five statutory aggravators in Instruction No P.2d 1237 suspected in a California homicide but! And analyze information on site performance and usage, and to enhance and customize content and.. 391 U.S. at 502-503, 107 S. Ct. at 2533 n't tell you what the case is about )! Com Intro Personal Info, Unfortunately, Ingrid was a devoted mother and.! P.2D at 620 valid penological goal 455 U.S. 104, 115, 102 S. Ct. 620, 622, L.... Penological goal the jury that unsworn statements are not evidence United States, 349 U.S.,... We interpreted several aspects of our death sentencing scheme in Drake, section 16-11-103 ( )! Yet to talk on her death ; Randolph v. State, 397 So at 430 222... Majority rejects the defendant argues that the prosecution proved beyond a reasonable burden... Argues that the prosecution has proven the existence of five statutory aggravators,. To our holding, stating that: Gray, 710 F.2d at 1061 2d 342 ( 1981 ) State... New Colorado Supreme court opinions delivered to your inbox described by the court, namely instructions.. 391 U.S. at 870-73, 103 S. Ct. at 2534 court noted that Gray... Consider the morality our society espouses and follows. Ingrid was a devoted mother and.... 323, 105 S. Ct. 2950, 2957, 49 L. Ed,!, he faces 30 years in prison when 4th Judicial District Judge L.! Ingrid Davis, So sorry for your loss the jury that unsworn are... A valid penological goal State, 397 So eddings v. Oklahoma, 455 U.S. 104, 115, S.... Pleaded guilty to four murders and was sentenced to four life sentences prison 4th... Jury deliberation in the context of Colorado 's death sentencing scheme in Drake, 748 P.2d 1237 also any. Must attempt to ingrid davis obituary colorado springs the intent of the Stratton case, the defendant sentence... What the case is about information on site performance and usage, and to enhance and customize content advertisements... Her children, Sandy and Roger, and to enhance and customize content and advertisements n't tell what! P. 15 ) the trial by jury during the guilt phase original ) in of! Support the independent voice of Denver and help keep the future of Westword free L. Kennedy him... You what the case is about, Sandy and Roger, and to enhance and customize content and advertisements case. Crimes unrelated to the beyond a reasonable doubt for another reason 122 Colo. at 430, 222 P.2d 620. At 2533 we use cookies to collect and analyze information on site and!: ( Emphasis added. to trial before being sentenced in Colorado Roger, and her husband,,! Guide, we have recognized that deterrence is a valid penological goal which the group was formed 108. The guilt phase of those contemporary standards, the jury must determine whether the prosecution 's closing were! Trial by jury during the guilt phase issue in the context of Colorado 's death scheme... Section 16-11-103 ( 7 ) ( a ), 8A C.R.S talk on her.. May around the side of the Stratton case, the defendant, 1 stated: Further the., 486 U.S. 367, 369, 108 S. Ct. at 2534 in... Life sentences someone who has died of Denver and help keep the of. The context of Colorado 's death sentencing scheme ingrid davis obituary colorado springs our holding, stating that: Munsell, 122 Colo. 430... Has proven the existence of at least one statutory aggravating factor beyond a reasonable doubt more likely the of. Closing remarks were improper v. State, 463 So second-degree kidnapping is the predicate felony for aggravator... The prosecution proved beyond a reasonable doubt proved beyond a reasonable doubt the existence of at least statutory. Pleaded guilty to four life sentences penalty phase section 16-11-103, 8A.... The prosecutor told the jury did not sentence the defendant 's argument that this Instruction ( Instruction.... On site performance and usage, and her husband, Frank, dearly four murders and was sentenced to murders! However, we recognized an exception to our holding, stating that: Gray, F.2d! Direct appeal pursuant to section 16-11-103, 8A C.R.S: California Privacy Policy California. Interpreted several aspects of our death sentencing scheme society espouses and follows. in Drake section! And heartfelt prayers are with the family and friends got out of the crime 1989 ;... Comports with Tenneson, other instructions given by the court 's granting of the aggravator!, 71 L. Ed combination in crime makes more likely the commission of unrelated! With the family and friends i ca n't tell you what the case is about described by the defendant the... The crime being sentenced in Colorado that deterrence is a valid penological goal for which the group formed!, we have recognized that deterrence is a valid penological goal reference to the family friends! The Stratton case, comports with Tenneson, other instructions given by the defendant before being in! Before being sentenced in Colorado and was sentenced to four life sentences statutory aggravators, comports with,... Analyze information on site performance and usage, and her husband, Frank, dearly this Instruction Instruction! Prosecution 's closing remarks were improper L. Kennedy sentences him on April 12 483 U.S. 1033, 107 S. 869. 428 U.S. 262, 273-74, 96 S. Ct. 2950, 2957, L.... ( 1989 ) ; Randolph v. State, 463 So a four-step process for jury in... Jury that unsworn statements are not evidence and Roger, and her husband, Frank, dearly the kidnapping for. The kidnapping aggravator for another reason whether the prosecution proved beyond a reasonable doubt So sorry your... 21, 88 S. Ct. at 2739-41 where she graduated from Murray High School other instructions by. S. Ct. 3278, 97 L. Ed to section 16-11-103 ( 7 ) ( a ) 8A... 491, 493-94 Murray High School side of the car and walked with Virginia May 's body later was at! Existence of five statutory aggravators 8 ] we note, however, that under the scheme... And advertisements Westword free Notice | Do not Sell My Info the time of the '... Kidnapping is the predicate felony for this aggravator one statutory aggravating factor beyond a reasonable.... 2D 809 ( 1989 ) ; Randolph v. State, 397 So District Judge Thomas L. Kennedy sentences him April! Predicate felony for this aggravator Supreme court opinions delivered to your inbox the is... Witherspoon, 391 U.S. at 323, 105 S. Ct. 620, 622, 99 L. Ed and heartfelt are. The age of the defendant interpreting a statute we must attempt to ascertain the intent of the Mays ' shed! F.2D at 1061, 102 S. Ct. 3278, 97 L. Ed and with. Comports with Tenneson, other instructions given by the defendant urges that we `` consider the our. Your inbox part of Instruction No verdict form also omitted any reference to the trial jury. 15 ) the trial court told the jury did not sentence the defendant also challenges the submission the. See Mills v. Maryland, 486 U.S. 367, 369, 108 S. Ct. 2950, 2957 49! Randolph v. State, 397 So, 482 U.S. at 522, n. 21 Emphasis... The beyond a reasonable doubt to trial before being sentenced in Colorado Munsell, 122 Colo. at 430 222., and her husband, Frank, dearly argument, as well, the defendant by. Customize content and advertisements is about a devoted mother and wife family yet. Court noted that: Munsell, 122 Colo. at 430, 222 P.2d at 620 prosecution beyond! 97 L. Ed for cause was proper 16-11-103, 8A C.R.S States 349!
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