the U.S. 9th Circuit Court of Appeals in San Francisco reversed Richard Boyde's death sentence
the U.S. 9th Circuit Court of Appeals in San Francisco reversed Richard Boyde's death sentence partly because the defense lawyer compared him to Charles Manson during closing arguments in the trial's penalty phase.
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the U.S. 9th Circuit Court of Appeals in San Francisco reversed Richard Boyde's death sentence partly because the defense lawyer compared him to Charles Manson during closing arguments in the trial's penalty phase.
The court also faulted the attorney for failing to investigate evidence that the defendant had been severely abused as a child.
In a 3-0 ruling, the Court of Appeals said the defense lawyer's performance was well below professional standards and prejudiced his client's case. Consequently, the court held that Boyde is entitled to a new penalty phase trial or to have his sentence reduced to life without parole. The court upheld Boyde's 1st-degree murder verdict. Boyde has been on death row more than two decades for the Jan. 15, 1981, robbery-murder of Dick Gibson. The case is Boyde v. Brown, 02-99008. rev comm
The court also faulted the attorney for failing to investigate evidence that the defendant had been severely abused as a child.
In a 3-0 ruling, the Court of Appeals said the defense lawyer's performance was well below professional standards and prejudiced his client's case. Consequently, the court held that Boyde is entitled to a new penalty phase trial or to have his sentence reduced to life without parole. The court upheld Boyde's 1st-degree murder verdict. Boyde has been on death row more than two decades for the Jan. 15, 1981, robbery-murder of Dick Gibson. The case is Boyde v. Brown, 02-99008. rev comm
— SOURCES
- (Sources: Los Angeles Times, Associated Press, 21/04/2005)
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