Rogers Vs Wycoff Case Summary
Legal Memorandum on Rogers v. Wycoff case
From: Jamshid AKHMEDOV To: Therese KEELAGHAN Date: November 5, 2012
1) Relevant facts: Defendant: Edward Wycoff, 40 Defense attorney: Defendant acts as his own attorney Victims: Julie Rogers, 47 and Paul Rogers, 47 Plaintiff attorney: Deputy District Attorney Mark Peterson Witness (also a Victim): Victims’ son Eric Rogers, 20 Witness’ attorney: Tedd W. Cassman Judge: Contra Costa County Superior Court Judge John W. Kennedy
Defendant Wycoff murdered his sister and brother-in-law, El Cerrito attorneys Julie and Paul Rogers. Victims were stabbed and bludgeoned to death with a knife and wheelbarrow handle. A jury convicted Wycoff of murders and he is …show more content…
28, Article 1 of California State Constitution which says that in order to preserve and protect victim’s rights to justice and due process, a victim shall be entitled to the list of rights among which is the right to be heard, upon request, at any proceedings, including any delinquency proceedings, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceedings in which a right of the victim is at issue. Defense attorney may argue based on two precedents of US Supreme Court - Booth v. Maryland (1987) and South Carolina v. Gathers (1989) and state that this testimony is irrelevant to the crime itself and is not connected to the facts of the case and also victim’s testimony is unacceptable during death penalty cases. But US Supreme Court overruled these two precedents by its decision on Payne v. Tennessee case (1991). This decision holds that testimony on the form of a victim impact statement is admissible during the sentencing phase of a trial and, in death penalty cases, does not violate the Cruel and Unusual Punishment
From: Jamshid AKHMEDOV To: Therese KEELAGHAN Date: November 5, 2012
1) Relevant facts: Defendant: Edward Wycoff, 40 Defense attorney: Defendant acts as his own attorney Victims: Julie Rogers, 47 and Paul Rogers, 47 Plaintiff attorney: Deputy District Attorney Mark Peterson Witness (also a Victim): Victims’ son Eric Rogers, 20 Witness’ attorney: Tedd W. Cassman Judge: Contra Costa County Superior Court Judge John W. Kennedy
Defendant Wycoff murdered his sister and brother-in-law, El Cerrito attorneys Julie and Paul Rogers. Victims were stabbed and bludgeoned to death with a knife and wheelbarrow handle. A jury convicted Wycoff of murders and he is …show more content…
28, Article 1 of California State Constitution which says that in order to preserve and protect victim’s rights to justice and due process, a victim shall be entitled to the list of rights among which is the right to be heard, upon request, at any proceedings, including any delinquency proceedings, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceedings in which a right of the victim is at issue. Defense attorney may argue based on two precedents of US Supreme Court - Booth v. Maryland (1987) and South Carolina v. Gathers (1989) and state that this testimony is irrelevant to the crime itself and is not connected to the facts of the case and also victim’s testimony is unacceptable during death penalty cases. But US Supreme Court overruled these two precedents by its decision on Payne v. Tennessee case (1991). This decision holds that testimony on the form of a victim impact statement is admissible during the sentencing phase of a trial and, in death penalty cases, does not violate the Cruel and Unusual Punishment