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In March 2011 in the early evening digs arrived at the home of her grandmother. The grandmother was 85 years old and amid deaf mute her entire life. She had lived in the same house where she raised six children. Digs attended college in another city but often stop by to check on her grandmother. Digs communicated with her grandmother through sign language.
Also living with her grandmother was the defendant and her 55-year-old son. He had been living with the grandmother since his release from prison in 2009.
When tanks arrived at the home, he saw the defendant in the grandmother arguing in the kitchen. Dix explained that the grandmother could still make some sounds this piping deaf and mute. Dix on the defendant grab food out of the grandmother’s hands. He called the grandmother objection told her to get out the kitchen.. The granddaughter intervened and took her grandmother to her bedroom to calm her. The defendant returned to his own bedroom. When tanks return to the kitchen to get her grandmother drink of water, the defendant appeared and told her not to take thing to her grandmother. Digs ignored the defendant.
The grandmother wanted juice instead of water and try to get the kitchen. However, the defendant prevented her from entering the kitchen. Dix then volunteered to go to the store for some juice.
While outside the house, and digs called her mother and uncle to discuss her frustrations with defendant. Dix told that her mother and uncle were afraid of the defendant in that might seriously hurt her. When digs returned to the house, she heard the defendant answer the phone. Digs was able to determine that was her uncle had called. He told the defendant they had to leave the grandmother’s home upon another place to live. The defendant hung up on him. Dix could hear the defendant yelling into the phone. Digs walked toward the grandmother’s bedroom and told her to stay in the bedroom the matter what happened.
Digs then shut the bedroom door. She headed into another room to retrieve her phone and called the police. At that time the defendant charged to her and yelled at her. According to Tulsa criminal defense attorney Stephen Cale, the defendant attacked digs and shoved her against the wall. The struggle moved from room to room. Eventually digs was able to push the defendant off her, causing him to stumble. She ran out the house and the defendant chased after her.
Some kids outside were playing. They sell the defendant chase after digs. They yelled at her saying that the defendant had the brick or rock in his hand. The defendant chased digs around the yard, waving the brick at her. Digs ran to the neighbors home and called the police.
The defendant was easy to identify. It was stressed only a pajama pants. He showed that they were his children and ran inside the house. However he returned a few minutes later fully dressed. While the time the police arrived the defendant had run around the back of the house. Bystanders heard the rattle of the chain-link fence and the defendant was not seen or heard from for the rest of the day.
Digs fold the police into her grandmother’s home. They found her lying face down the floor in her bedroom. The grandmother had severe bruising and swelling on both sides of her head to the extent that when I was nearly swollen shut. When the police asked the grandmother who hurt her, she replied through sign language the D. She used this to identify the defendant.
The grandmother was taken to the hospital where she was immediately operated on to reduce the pressure in her brain. She was bleeding on the left side of the interior of first goal. She survived the surgery but never regained consciousness. She died 2 to 3 weeks later. The cause of death was listed as blunt force trauma to the head.
According to Tulsa criminal defense attorney Stephen Cale, authorities located the defendant the following day. Police found him walking along the street about three blocks from the grandmother’s home. Initially gave police a false name but later admitted his true name. His right hand was swollen in his right finger was cut and bleeding. There was blood on his clothes. Bloodstains were also found in his bedroom of the grandmother’s home.
On appeal, the defendant argued that it was denied is due process rights when the trial court denied his request to remove seven potential jurors. In order to preserve and objection to denial of a challenge for cause, the defendant must demonstrate was forced over objection to keep an unacceptable juror. So, this requires a defendant to excuse the challenge juror with a peremptory challenge and to make a record of which remaining jurors the defendant would have excused if he had not used the peremptory challenge to cure the trial court’s alleged erroneous denial.
The appellate court will only correct plain error if the error seriously affects the fairness, integrity, or public reputation of the duty social proceedings or is otherwise representative of a miscarriage of justice. The US Supreme Court is held that the proper standard for determining when a prospective juror may be excluded for cause because of his or her views on capital punishment is whether the jurors views would prevent or substantially impair performance of his duties as a juror. The standard does not require an jurors bias to be proved with unmistakable clarity.
The selection of jurors involves subtle observations. The judge presiding over the trial has broad discretion in considering a request to excuse a juror for cause. One federal court is said that the trial judge is the best person to determine whether a potential juror will be able to follow jury instructions.