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Yes, You Do Have a Right to Defend Your Case ? Due Process Rights

By Walin & Klarich

The United States Court of Appeals for the Ninth District recently held that the Sixth Amendment guarantees the right of a criminal defendant to due process, which includes the right to a meaningful opportunity to present a complete defense. In Lunbery v. Hornbeak, No. 08-17576, Kristi Lunbery was convicted of second-degree murder of her past husband, Charlie Bateson. Bateson was murdered in 1992, but the case was reopened in 2001. Upon interrogation, Lunbery initially denied the allegations but eventually admitted to the crime. Lunbery was indicted for first-degree murder but she denied her guilt and repudiated her confession. The jury, however, found her guilty of second-degree murder due to lack of evidence of premeditation. Lunbery then appealed the conviction by filing a petition for habeas corpus...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 04, 2010 (boomark / email).