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The State of Utah V. Joseph Mitchell Parsons : Brief of Appellant

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Brigham Young University Law School BYU Law Digital Commons Utah Supreme Court Briefs 1988 The tS ate of Utah v. Joseph Mitchell Parsons : Brief of Appellant Utah Supreme Court Follow this and additional works at: https://digitalcommons.law.byu.edu/byu_sc1 Part of the Law Commons Original Brief Submitted to the Utah Supreme Court; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors. David L. Wilkinson; Attorney General; Attorney for Respondent. James L. Shumate; Attorney for Appellant. Recommended Citation Brief of Appellant, Utah v. Parsons, No. 880102.00 (Utah Supreme Court, 1988). https://digitalcommons.law.byu.edu/byu_sc1/1999 This Brief of Appellant is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Utah Supreme Court Briefs by an authorized administrator of BYU Law Digital Commons. Policies regarding these Utah briefs are available at http://digitalcommons.law.byu.edu/utah_court_briefs/policies.html. Please contact the Repository Manager at [email protected] with questions or feedback. IN THE SUPREME COURT OF THE STATE OF UTAH THE STATE OF UTAH, Plaintiff-Respondent, Case No. 880102 vs. JOSEPH MITCHELL PARSONS, Classification Priority No. 1 Defendant-Appellant. BRIEF OF APPELLANT Appeal from a conviction of a capital felony of Criminal Homicide, Murder in the First Degree, and a sentence of death by lethal injection in the Fifth Judicial District Court, in and for Iron County, State of Utah, the Honorable J. Philip Eves, District Judge, presiding. UTAH SUFREKH COURT UTAH DOCUMEN JAMES L. SHUMATE USB# 2952 KFU Attorney for Defendant-Appellant 45.9 110 North Main, Suite H P.O. Box 623 DOCKET NO. .H£If2 Cedar City, Utah 84720 Telephone: (801) 586-3772 DAVID L. WILKINSON Utah Attorney General Attorney for Plaintiff-Respondent 236 State Capitol Salt Lake City, Utah 84114 Telephone: (801) 533-7627 11 tW.< !'T»-.'. ;««V SL? 11353 IN THE SUPREME COURT OF THE STATE OF UTAH THE STATE OF UTAH, Plaintiff-Respondent, Case No. 880102 vs. JOSEPH MITCHELL PARSONS, Classification Priority No. 1 Defendant-Appellant. BRIEF OF APPELLANT Appeal from a conviction of a capital felony of Criminal Homicide, Murder in the First Degree, and a sentence of death by lethal injection in the Fifth Judicial District Court, in and for Iron County, State of Utah, the Honorable J. Philip Eves, District Judge, presiding. JAMES L. SHUMATE USB# 2952 Attorney for Defendant-Appellant 110 North Main, Suite H P.O. Box 623 Cedar City, Utah 84720 Telephone: (801) 586-3772 DAVID L. WILKINSON Utah Attorney General Attorney for Plaintiff-Respondent 236 State Capitol Salt Lake City, Utah 84114 Telephone: (801) 533-7627 TABLE OF CONTENTS Page JURISDICTION OF THIS COURT . 1 NATURE OF PROCEEDINGS IN LOWER COURT 1 CONSTITUTIONAL PROVISIONS, STATUTES, AND RULES 2 STATEMENT OF THE NATURE OF THE CASE . 4 STATEMENT OF FACTS . 4 SUMMARY OF ARGUMENTS . 7 ARGUMENT . 8 POINT I: THE STATUTE OF WHICH THE DEFENDANT HAS BEEN CONVICTED, AFTER HIS GUILTY PLEA, IS UNCONSTITUTIONAL . POINT II: THE JURY, BY VIRTUE OF THE CONSTRUCTION OF THE JURY INSTRUCTIONS, WAS IMPROPERLY MISLEAD TO THE CONCLUSION THAT IT COULD FIND ONLY AGGRAVATING CIRCUMSTANCES AND NO MITIGATING CIRCUMSTANCES IN DETERMINING THE IMPOSITION OF THE DEATH PENALTY 12 POINT III: THE DEFENDANT WAS IMPROPERLY DENIED THE OPPORTUNITY TO PRESENT EVIDENCE TO THE COURT THAT HE WAS BEING CHARGED WITH A FIRST DEGREE MURDER CASE IN AN ARBITRARY AND CAPRICIOUS MANNER . ' 14 POINT IV: THE TRIAL COURT IMPROPERLY INTERVENED IN THE PROCEEDING BY ASSISTING THE STATE WHEN THE COUNTY ATTORNEY MADE A MOTION FOR MISTRIAL 15 POINT V: THE TRIAL COURT IMPROPERLY ALLOWED THE STATE TO ADMIT EVIDENCE OF ANOTHER INFLAMMATORY CRIME OF WHICH THE DEFENDANT WAS NEVER CHARGED . 18 POINT VI: THE JURY WAS IMPROPERLY INFLUENCED BY THE APPEARANCE OF THE HONORABLE J. HARLAN BURNS, FORMER JUDGE OF i THE FIFTH DISTRICT COURT AND FATHER TO THE IRON COUNTY ATTORNEY, WHEN JUDGE BURNS APPEARED IN OPEN COURT DURING THE COURSE OF THE TRIAL AND WAS SEEN TO CONSULT WITH AND ADVISE THE STATE'S PROSECUTOR IN THIS ACTION 19 POINT VII: THE PROSECUTOR IMPROPERLY IMPLIED PERSONAL KNOWLEDGE OF THE FACTS IN ISSUE BY PLACING UNDUE EMPHASIS ON HIS INTERPRETATION OF THE EVIDENCE 20 POINT VIII: THE DEFENDANT WAS SENTENCED TO DEATH BY A JURY, ONE OF WHOSE MEMBERS HAD SPOKEN WITH ONE OF THE STATE'S WITNESSES IN THE FOYER OF THE COURTROOM DURING THE COURSE OF THE TRIAL 21 POINT IX: THE TRIAL COURT ERRED IN FAILING TO INSTRUCT THE JURY, AS DEFENDANT REQUESTED, ON THE TWO REASONABLE HYPOTHESES THEORY , 23 CONCLUSION 23 11 TABLE OF AUTHORITIES CASES Page Government of the Virgin Islands v. Toto, 529 F.2d 278 (D.C. Cir. 1980) 12 Pullv v. Harris, 465 U.S. 37 (1984) 15 State v. Bailey, 712 P.2d 281 (Utah, 1986) 9 State v. Bock, 328 P.2d 1065 (Idaho) 13 State v. Laffertv, 749 P.2d 1239 (Utah, 1988) 18, 19, 21, 22 State v. Larrocco, 664 P.2d 1272 (Utah, 1982) 23 State v. Saunders, 699 P.2d 738 (Utah, 1985) 11 State v. Wood. 648 P.2d 71 (Utah, 1981) 13 United States v. Cook. 538 F.2d 1000 (3rd Cir. 1976) . 12 United States v. Daniels, 770 F.2d 1111 (D.C. Cir. 1976) 12 United States v. Foskev. 636 F.2d 517 (D.C. Cir. 1980) . 12 CONSTITUTIONS UNITED STATES CONSTITUTION Fifth Amendment 2,9 Fourteenth Amendment 2 UTAH CONSTITUTION Article I, Sec. 7 2, 18 Article I, Sec. 12 2, 9, 10, 18 Article I, Sec. 13 3, 18 iii STATUTES UTAH CODE ANN. Sec. 76-5-202 (1) (h) 3,4, 9, 10, 11 UTAH CODE ANN. Sec. 76-3-207 1, 13, 23 OTHER AUTHORITIES UTAH RULES OF EVIDENCE Rule 403 3, 11 Rule 404 (b) 3, 11 UTAH RULES OF PROFESSIONAL CONDUCT Rule 3.4 (e) 3, 21 ABA Standards for Criminal Justice, Sec. 3-5.8 21 (2d Ed. 1980) 76 AM. JUR. 2d Trial, Sec. 1178 13 iv THE STATE OF UTAH, Plaintiff-Respondent, Case No. 880102 vs. JOSEPH MITCHELL PARSONS, Classification Priority No. 1 Defendant-Appellant. BRIEF OF APPELLANT JURISDICTION OF THIS COURT The Utah Supreme Court has jurisdiction of the appeal in this matter for the reason that it is an appeal from a conviction of a capital felony and sentence of death, to be appealed to the Utah Supreme Court under the provisions of 78-2-2 (3) (h) and 77-35-26 (8), Utah Code Annotated, 1953, as amended. NATURE OF PROCEEDINGS IN LOWER COURT The Defendant, Joseph Mitchell Parsons, plead guilty in the District Court to the capital felony, Criminal Homicide, Murder in the First Degree, on September 18, 1987 (R. 79-86). A sentencing trial was held before a 12 member jury in Iron County from January 25, 1988, through January 29, 1988. The sentencing procedure was conducted under the provisions of 77-3-207, Utah Code Annotated, 1953, as amended. The jury returned a unanimous verdict for death after deliberating approximately 3 1/2 hours (T. 1258). The court granted the Defendant additional time to present argument in support of a hearing on the applicability of the death penalty in the case (T. 1269). On February 17, 1988, the court imposed the sentence of death by lethal intravenous inj ection. CONSTITUTIONAL PROVISIONS, STATUTES, AND RULES FIFTH AMENDMENT, CONSTITUTION OF THE UNITED STATES• No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. FOURTEENTH AMENDMENT, CONSTITUTION OF THE UNITED STATES SECTION 1. All persons born or naturalized in the United State, and subject to the jurisdiction thereof, are citizens of the United States, and of the State wherein they reside. No State, shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of laws. ARTICLE 1, SECTION 7, CONSTITUTION OF UTAH. No person shall be deprived of life, liberty or property, without due process of law. ARTICLE 1, SECTION 12, CONSTITUTION OF UTAH. In criminal prosecutions, the accused shall have the right to appear and defend in person and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to be confronted by the witnesses against him, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the County or District in which the offense is alleged to have been committed, and the right to appeal in all cases. In no instance shall any accused person, before final judgment, be compelled to advance money or fees to secure the rights herein guaranteed. The accused shall not be compelled to give evidence against himself; a wife shall not be compelled to testify against her husband, nor a husband 2 against his wife, nor shall any person be twice put in jeopardy for the same offense.
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  • State of Utah V. John R. Pinder : Brief of Appellant Utah Court of Appeals

    State of Utah V. John R. Pinder : Brief of Appellant Utah Court of Appeals

    Brigham Young University Law School BYU Law Digital Commons Utah Court of Appeals Briefs 2003 State of Utah v. John R. Pinder : Brief of Appellant Utah Court of Appeals Follow this and additional works at: https://digitalcommons.law.byu.edu/byu_ca2 Part of the Law Commons Original Brief Submitted to the Utah Court of Appeals; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors. Laura Dupaix; Assistant Attorney General; Attorney for Appellee. Brent A Gold; Andrew Parnes; Attorneys for Appellant. Recommended Citation Brief of Appellant, Utah v. Pinder, No. 20030484 (Utah Court of Appeals, 2003). https://digitalcommons.law.byu.edu/byu_ca2/4381 This Brief of Appellant is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Utah Court of Appeals Briefs by an authorized administrator of BYU Law Digital Commons. Policies regarding these Utah briefs are available at http://digitalcommons.law.byu.edu/utah_court_briefs/policies.html. Please contact the Repository Manager at [email protected] with questions or feedback. IN THE SUPREME COURT OF UTAH STATE OF UTAH, Plaintiff- Appellee, Case No. 20030484-SC v. JOHN&PINDER, Defendant-Appellant. BRIEF OF APPELLANT Appeal from Conviction and Sentence and Denial of Motion for New Trial Entered by the Honorable Lynn W. Davis In the Fourth Judicial District Wasatch County, State of Utah BRENT A. GOLD (#1213) 2064 Prospector Avenue, Suite 203 P.O. Box 1994 Park City, Utah 84060 Telephone: (435) 649-8406 Facsimile: (435) 649-8412 ANDREW PARNES Pro Hac Vice P.O.