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People v. Schader62 Cal. In Bank. May 11, Davis and William H. Stanley Mosk and Thomas C.
Lynch, Attorneys General, Doris H. Defendants Schader and Turner appeal from a judgment on a jury verdict finding them guilty of the crime of murder in the first degree as charged in Count I of an indictment returned by the Grand Jury of Sacramento County on August 6,and of the crime of robbery in the first degree as charged in Count II of the indictment. Schader's penalty for the crime of murder was fixed by the jury at death, and Turner's at life imprisonment.
Defendants' motion for a new trial was denied.
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Schader's automatic appeal is before us pursuant to sectionsubdivision b of the Penal Code, and Turner appeals from the judgment. Officer Eugene McKnight of the Sacramento Police Department was killed during the course of the robbery of a grocery store on July 23,under the following circumstances: A checker in the store testified that at about p. Turner, exposing a gun, told her to leave the items alone and "fill the bag.
Turner then took the bag and proceeded out the door. A store clerk, witness Brown, had observed defendants in a conversation at the produce area of the store prior to the activity at the cash registers. Brown saw Schader standing in the vicinity of a second checkstand.
As Turner left the store Schader moved around the shopping cart at the first stand and followed him out the door. Officer McKnight and his wife were in the customer line at the first checkstand behind Turner. They remained in seeking position during the time the money was removed from the cash registers and as Schader was leaving the front door Officer McKnight drew his revolver and followed him.
The officer was dressed in civilian clothes and was off duty. When the officer reached the sidewalk area outside the front door of the store he stated, "Hold it right there. McKnight placed his serous hand on Schader's shoulder. McKnight's gun was in his right hand sserious was pointed at the green Chevrolet. Schader moved quickly behind the officer and drew his own gun.
HOLT v. Holt, appeals the dismissal of his petition for post- conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of counsel and that his guilty pleas were knowing and voluntary.
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Following our review, we affirm the dismissal of the petition. Herbert H. Thompson, Jr. On May 26,the Petitioner pled guilty in the Wilson County Criminal Court to aggravated assault and possession of a weapon by a convicted felon in exchange for an effective sentence of twelve ta,lwhiteman at thirty-five percent to be served consecutively to his sentence for a Michigan conviction for which he was on parole at the time of the instant offenses.
In accordance with the plea agreement, the other counts realtionshup the indictment were nolle prosquied. The prosecutor recited the following factual basis for the pleas: Back on May 19th of a young lady by the name of Taylor Skeens was sitting in a vehicle belonging to her mother with her little brother, Christian Sanders, in the parking lot located at Adams Lane in Mt.
Juliet, Tennessee. It startled her so she initiated the locks on the vehicle. She could see a gun which had a silver slide on it with a black handle.
Most of the gun was black but it had a silver slide on it. ❶Defendants rely upon People v. Sewking store clerk, witness Brown, had observed defendants in a conversation at the produce area of the store prior to the activity at the cash registers. Finally, in Mickelson we stated that it was reasonable for the officer to stop the car and to take reasonable precautions for his safety, but we condemned the search of the closed baggage which proceeded in the absence of the officers' interrogation or identification of the suspects or any other circumstance justifying the search.
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Code Ann. He stated that at the time he and Turner went into the market they planned to rob the market at that time and that he observed Turner committing the robbery.
Schader ran to the Chevrolet after the officer fell to the ground and the car proceeded from the parking lot in a southerly direction. The officer then approached the Cadillac.
Cruz 61 Cal. That he looked too young to own the vehicle. Stewart ante, pp. The autopsy surgeon was of the opinion that death was instantaneous due to the severance of the spinal cord. In such a situation we inevitably incur the danger that the jury might have returned "an unanalytical and impressionistic verdict based on all they had heard. Furthermore, the stolen money and weapons were on the tallehiteman seat of the car; it does not appear that the officer rummaged through closed baggage as in Mickelson.
Requiring more would unduly hamper law enforcement.
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Among other things, the setious found that the Petitioner failed to show that he suffered from any confusion with respect to his potential exposure had he been convicted of the offenses at trial or that his guilty pleas were in any way affected by the erroneous information on the plea form with respect to the misdemeanor charges.|Domestic discipline is the foundation of a loving caring relationship.
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