Robert then fatally shot him in the back of the head and dismembered his body, scattering the body parts all across Pueblo. White first responded in the negative, but later stated that he did in fact own a similar pair of gloves. On April 8, 1988, White entered a plea of guilty to the charges of first-degree murder, attempted first-degree murder, and aggravated robbery. By virtue of the qualitative difference between death and any other permissible form of punishment, "there is a corresponding difference in the need for reliability in the determination that death is the appropriate punishment in a specific case. Where is Ronald Lee White now? His prison life. We find no deprivation of White's constitutional right to be present on these facts. 7] Specifically, White contends that the district court introduced an improper standard into the sentencing process by inserting the phrase "beyond a reasonable doubt" into the phrase "all mitigating factors of record do not outweigh proven statutory aggravating factors. SUPPRESSION OF MITIGATING EVIDENCE.
The majority's failure to address this mitigator, much less to give this mitigator its due weight, converts the death penalty weighing process into a meaningless exercise. Is ronald lee white still alive or dead. On November 14, 1990, White filed a motion for payment of a psychiatrist, on the ground that White was an indigent and could not afford to retain a psychiatrist prior to any determination by counsel regarding whether pleas of not guilty by reason of insanity or not guilty by reason of impaired mental condition existed. At the sentencing hearing, Officer Spinuzzi testified about White's statements describing how and why he killed Vosika. Officer Gomez discovered trash bags, a cord, and human hair in the "shallow grave. "
26] White specifically contends that. The trial court's death sentencing order is 28 pages in length. Officers only investigated the garage at 119 Bonnymede to confirm that a homicide occurred there. Later a farmer in Colorado city called 911 to report after they found their body. Who Were Ronald Lee White's Victims? Where Is He Today? Update. With respect to the hearing held on April 16, 1991, White does not contend that this hearing amounted to a "critical stage" of the proceeding. The Biegenwald court found its decision supported by other jurisdictions, including Arizona and Mississippi. Apparently White was not a suspect, nor was there any physical evidence specifically connecting White to the Vosika homicide, and without his confession, White would not have been prosecuted for this crime. As a result, I cannot say beyond a reasonable doubt that the district court would have found the existence of the especially heinous killing aggravator, and imposed the death sentence, if it had not relied upon evidence of the post-death abuse of the body, or if it had not improperly excluded relevant evidence. 470 In short, based upon the district court's summary of its reasoning at step one of the deliberative process, and the lack of relevant physical evidence, it is doubtful whether the court would have found the especially heinous killing aggravator had been established if it had not considered the post-death abuse of the body.
3] By abstracting this mitigator from its factual underpinnings, the majority minimizes its significance and avoids dealing with what may have been White's greatest incentive to exaggerate the lurid details of Vosika's murder. Authorities then discovered the skull in a valley at Rye Mountain Park in Pueblo County on May 7. But I will still say I did it. Although the weighing mandated by statute is not a mechanical process, but rather "a profoundly moral evaluation of the defendant's character and crime, " People v. Is comedian ron white still alive. 1990) (quoting Satterwhite v. 2d 284 (1988) (Marshall, J., concurring in part and concurring in the judgment)), it is important to note that the trial court had only two aggravators which it placed on the scales against the thirteen mitigators that it found.
KIRSHBAUM, J., joins in this concurrence and dissent. We are persuaded, based on the jurisprudence of other state courts and on a line of reasoning in United States Supreme Court cases, that "previous convictions" incorporates convictions existing at the time a sentencing hearing is conducted pursuant to section 16-11-103, regardless of the date on which the offense underlying the "previous conviction" occurred. Is ron white still living. A review of the record reveals that the district court did appoint Dr. Ingram pursuant to section 16-8-108, to assist White in the preparation of possible mental health defenses. White contends that the district court improperly characterized his convictions for first-degree murder in the cases of Victor Woods and Raymond Garcia as "previous convictions" under the statutory aggravator set forth in section 16-11-103(6)(b). Roger J. Traynor, La Rude Vita, La Dolce Giustizia; or Hard Cases Can Make Good Law, 29 223, 227-28 (1962) (footnote omitted).
He was surprised at the amount of blood in the bag, so he removed the head from the first bag and placed it in a second bag. Ron Lee was arrested and sentenced to life in prison, where he remains today. But the logic of those cases has no place in the context of sentencing by a trial judge. Unlike the trial court, which considered certain facts concerning White's prior convictions for the limited purpose of determining whether they *462 involved crimes of violence, [2] the majority erroneously emphasizes other highly prejudicial testimony, such as White's alleged lack of remorse in killing Garcia or his "toying with [Woods] for half an hour" prior to stabbing him. White placed the body approximately thirty feet from the south side of the road and returned to Pueblo. IMPROPER APPLICATION OF STATUTORY AGGRAVATOR. Finally, although the majority grudgingly mentions that White claimed to seek the death penalty as a means of escaping brutal prison conditions, id. White stated that Vosika stole two ounces of cocaine and approximately $1, 500 from White's wallet. People v. White :: 1994 :: Colorado Supreme Court Decisions :: Colorado Case Law :: Colorado Law :: US Law :: Justia. I disagree, first because I do not believe harmless error analysis is permissible under the Colorado statutes in resolving the death penalty issue in this case, and second because even if harmless error analysis were permissible, the record falls far short of demonstrating beyond a reasonable doubt that the district court would have sentenced the defendant to death in the absence of that aggravating factor. We find that, based on the record in this case, the district court would have been convinced beyond a reasonable doubt that the twelve mitigating factors it considered do not outweigh the proven statutory aggravating factor. Gen., Raymond T. Slaughter, Chief Deputy Atty. The trial court's use of the "especially heinous" aggravating factor was improper since that factor violates the Cruel and Unusual Punishment and Due Process Clauses, and the application of a new definition to Mr. White violates the Due Process and Ex Post Facto Clauses.
The Hendricks court found that the function of the statutory section is to "circumscribe, as the Eighth Amendment requires (Zant v. Stephens (1983) 462 U. The district court noted that the murder and attempted first-degree murder involved the use of a. White's second contentionthat no person can waive the right to be competent does not take into consideration the fact that White had already been found competent by Dr. Sundell, and had been examined by Dr. Ingram for the express purpose of evaluating competency, when he waived the right to have a third competency evaluation performed by Dr. Morall. The definition in fact appears on page 987 of that case, which begins on page 965. B., we are convinced that the district court properly determined that death was the appropriate penalty. By its failure to acknowledge White's essential role in developing the prosecution's case, the majority provides a powerful disincentive to every individual who is considering whether to confess and cooperate with the police. I therefore respectfully dissent. He later murdered two other men and was eventually found guilty of the three murders. Ingram noted that White's file at Centennial Correctional Facility included a psychiatric summary, diagnosing White as having a delusional paranoid disorder grandiose type (an affixed belief which is not congruent with reality and usually involves only one situation, one personality, or one group). White subsequently told Dr. Ingram that he shot Vosika in a garage at an apartment they shared in Pueblo on Bonnymede, using a handgun and putting a book between the gun and Vosika's head. On one occasion, Moreland testified that six or seven guards attacked him and repeatedly shocked him with a hand-held box called a "Tazer SR. " Moreland testified that the beating rendered him unconscious, so other inmates began to yell for medical attention; however, Moreland did not receive medical attention for approximately one and one-half weeks. Under this section, the district court has broad discretion to admit relevant evidence. Ingram and said attorneys....
Defense counsel stated in his offer of proof that Jim Crane, who was White's landlord at 119 Bonnymede, would testify that White moved out of 119 Bonnymede in early October of 1987; defense counsel also stated that Mike and Francis Steele would testify that White and Paul Vosika came to their house in Rye, Colorado, in late October or early November of 1987. Thus, in Tenneson, we observed:Because of the unique severity and finality of a sentence to death, the United States Supreme Court has emphasized the heightened need for sentencing reliability in capital cases. During his escape from the inn, Ronald also fired a bullet at Robert Martinez, but the latter managed to survive as it hit him in the cheek. Where statutory language is ambiguous, we will analyze the statute with full regard for the policy and purpose manifested in the statutory scheme, and will construe the statute to accomplish the purposes for which it was enacted. The court based this finding on certified state documents indicating that White had previously been convicted twice in Colorado of first-degree murder. See Childs v. State, 257 Ga. 243, 357 S. 2d 48, 61, cert. THE LAW OF OTHER JURISDICTIONS. In his opening statement, counsel for White contended that White entered a plea of guilty not because of the overwhelming evidence of his guilt, but because he wanted to make the point that he would rather die than continue living subject to the treatment he was receiving in the Department of Corrections. He received two consecutive life sentences and was to be eligible for parole after 40 years. By contrast, discussion of the invalid "especially heinous, cruel, or depraved" aggravator covers eight pages of the same order. After killing his victims, he would dismember their bodies and leave the horrific evidence for police to find. The Georgia Supreme Court identified the issue before them as "whether, in deciding if the appellant has `a prior record of conviction for a capital felony' the jury should consider his record as of the moment of the crime or as of the time of sentencing.
Second, if the jury determines that the prosecution has proven that at least one statutory aggravating factor exists, "the jury must then consider whether any mitigating factors exist. " On May 16, 1991, the district court held a hearing to deliver the sentence. Officers later found a decomposing human torso at the scene, but there was no head or hand attached to it. Since the Mexican bandit Espinoza terrorized the land, authorities believe Ronald Lee White is perhaps the most infamous criminal in the Pueblo, Colorado, region. 26] White specifically contends that he was not present at hearings held on April 4, 1990, February 6, 1991, April 16, 1991, and July 2, 1991. At the providency hearing on April 24, 1991, White informed the district court that he was prepared to enter a plea over his attorney's objections. The order in which the crimes were actually committed is irrelevant, as long as the convictions have been entered before the sentencing hearing at which they are introduced into evidence. 991, 99 S. 593, 58 L. 2d 667 (1978), the defendant *444 committed murder and armed robbery in May of 1973, prior to committing a second murder in August of 1974. As to the facts of the disposal of the body, the trial court stated: After defendant shot and killed Vosika he immediately wrapped the body in a shower curtain and placed it in the trunk of his Mazda automobile. At 1357 (emphasis added) (citations omitted). More important, perhaps, is that even if harmless error analysis were permissible, the record falls far short of demonstrating beyond a reasonable doubt that the district court would have sentenced the defendant to death in the absence of considering the especially heinous killing aggravator. Lee agreed to drop him.
At 642-43, 110 S. at 3051. Ronald Lee White: Five things to know about the serial killer who terrorized Pueblo in the late 80s. I can't indicate one way or the other on that. 6] In an address delivered at the University of Chicago Law School on October 3, 1961, then Associate Justice Roger J. Traynor of the California Supreme Court described generally the difficulty in determining harmless error: It is more difficult by far to determine whether error is prejudicial than to determine whether evidence is substantial.
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