Stephen L. Richards Law Firm of Richards and Lyon
Strategy Pretrial Litigation Jury Selection Evidence, Argument, and Jury Instructions
One Juror – Defense Wins Reasonable Doubt Residual Doubt Rules of Evidence
Larry Mack – 4 jurors didn’t believe felony murder killing was intentional James Huff – 12 jurors didn’t believe child was intentionally killed during course of sexual assault Maurice LaGrone – 12 jurors decided that defendant did not have the intent to kill more than one person William Buck – two jurors didn’t believe that officer was acting in line of duty
Multiple murder cases? But... Check to see if prior murder qualifies Arson cases --- is there an intent to kill more than one person by a single act If felony murder or accountability did your defendant intend to kill or know More than one aggravator? Numbers count Some aggravators are worse than others Chance to train jury in one juror verdict principle
Felony murder – Actual killer or wounder Mental state Was the felony established beyond RD Police officer-- in line of duty or known to be police officer Cold and calculated – “cold” and “premeditated”
Eligibility Factors not in Indictment Notice of Intent (Not specific enough) Unprovable – request for evidentiary hearing
Ask for the Zehr questions on eligibility, if there is going to be a good eligibility issue Ask to modify the Morgan questions, based on the aggravating factors
The “Mack Error” Rule Check to See Which Evidentiary Instructions you Need to Repeat from the First Phase Ask for Separate Verdict Forms for Each Factor Look for non-IPI definitions as to each factor
For murder to be “cold,” it must be not motivated by mercy or the emotion of the moment, and the defendant must kill without feeling or sympathy. For a murder to be “calculated and premeditated pursuant to a preconceived plan, scheme, or design,” it must have been deliberated or reflected upon for an extended period of time, and must have been thought out well in advance of the crime.