The best result we found for your search is Frank Mckinley Duncan age 80+ in State Road, NC. Const., art. Among them was a carhop to whom she offered $1,500 to throw acid in Olgas face and then push her off a cliff. Mary Corthell Executive Vice President, Asset Management. Write A Review. Appointed State Insurance Commssioner by Governor Edwin Warfield in 1904. In support of her motion she filed affidavits to the general effect that many persons in Ventura County had indicated a belief that defendant was guilty and had expressed the opinion that her right to a fair and impartial trial was prejudiced as a result of wide publicity given to the case and to statements made by public officials. When asked if his mother tried to break up his marriage, he replied, Lets just say she hindered its development.. During one of these visits defendant knocked on the door and angrily demanded that Frank come home. by Deborah Larkin | Sep 14, 2021 | Deborah Larkin, The Remarkable Duncan Case. Olgas friends were the ones whod called the newspaper two days after shed disappeared. He is very forgetful, and needs to have an assistant at his age. The courtroom was crowded from Day One. She is employed as a surgical nurse at Cottage Hospital. Through a friend, Ma Duncan found two men, Luis Moya and Augustine Baldonado, and they reached a price: $3,000 for the job. A. L. Wirin, Gerald L. Rosen and Richard L. Lissner as Amici Curiae on behalf of Appellant. It does not store any personal data. These cookies ensure basic functionalities and security features of the website, anonymously. Frank Duncan was born on 1 February 1923 in Lausanne, Switzerland. Mrs. Romero recognized her as a nurse who had cared for her several years earlier, and she left after a short visit. Juror Behrens stated that she had formed an opinion that defendant was guilty from reading newspapers and discussing the case with quite a few people including persons who came into the cleaning establishment where she was employed. (People v. [53 Cal.2d 817] Davis, 43 Cal.2d 661, 672 [276 P.2d 801]; People v. Barclay, 40 Cal.2d 146, 151-153 [252 P.2d 321].). In opposition to defendant's motion the district attorney filed affidavits averring that he was unaware of any person who had stated he could not act fairly and impartially as a [53 Cal.2d 812] juror at the trial, and that in his opinion a fair trial could be had notwithstanding the publicity given to the case. Nicole Clement General Counsel. Like Graham, Duncan was a woman executed with two accomplices. Three hours later, her accomplices laughed and talked as they strolled into the gas chamber, where they took their seats, side by side. Back; Search Tools. Only four women have been executed in California since 1893; the records are unclear whether any were put to death by local agencies before then. The statements of the four challenged jurors show that their opinions were based upon information obtained from newspapers, radio, or television and upon discussions with various people. By the time Olga had been missing for a week, the police began to take a harder look at her disappearance. The crime was obviously a topic of conversation by the public generally, and such cases are usually discussed upon the basis of news reports and rumor. Mrs. Elizabeth Duncan stands between attorney S. Ward Sullivan and her son, attorney Frank Duncan, as she hears Judge Charles F.. Cigarette card features a photo of American Negro League baseball player . Mrs. Diaz agreed to notify defendant if she found anyone. fn. or policies of external websites or for those of subsequent links. Find the best ones near you. Here is what you need to know to access discipline documents in public cases: Documents are added to the State Bar Courts online docket as events occur. Company Information; Lawyer.com Team; Company Culture; News & Press . Click to reveal Frank Duncan defended his mother, joined by Los Angeles attorney S. Ward Sullivan. You can not make contact with him thru email or text, so when you call him, he will promise to do what you ask and then give every and any excuse. She said to the manager of the apartment house, "She is not going to have him. Defendant placed particular emphasis on newspaper reports of statements made by the district attorney during the investigation in the latter part of December, 1958. How many seasons did Frank Duncan play? Meet the Staff . And it was 34 . But it didnt work out that way. (See People v. Burwell, 44 Cal.2d 16, 30 [279 P.2d 744].). Elizabeth Duncan. Holt v. United States, 218 U.S. 245, 248 [31 S.Ct. Moya said that he and Baldonado would need money for transportation, a weapon, and gloves. Fast & Free; LEGAL PLAN. Easy, done. As we have seen, however, the opinions were based on news reports and rumor, and, when questioned by the district attorney and the judge, the jurors stated that they would base their verdict solely on the evidence received in court and the instructions given them and that they would act impartially notwithstanding the opinions they had formed. (Cf. Olga's body was disinterred on December 21, and an autopsy surgeon found that Olga had been pregnant and that her death was caused by head wounds, strangulation, or suffocation such as would be produced by being buried alive. On their way out of Santa Barbara, they drove to the beach, where they stopped because Olga was screaming and struggling. Duncan was born and raised in Kansas City. Anna Delvey claims ex-lawyer's plan to write book about her is a violation. He is admitted to practice by the California State Bar. Defendant objected to Frank's seeing Olga and telephoned her almost [53 Cal.2d 807] daily for three months. Frank Duncan. | Her son went to police, intending to get the men in more legal trouble. Defendant took the stand in her own behalf and denied participating in the crime or making any of the solicitations testified to by the various prosecution witnesses. Find contact information, experience, peer reviews, directions, and more at Martindale.com. I simply can not understand how some of our leaders, in the face of these events, can seriously contend that the death penalty is not appropriate punishment for the perpetrators of such a crime." The statements made by the four challenged jurors on voir dire may be summarized as follows: Juror Porter stated that as a result of reading newspapers, hearing radio and television broadcasts, and discussing the case with 15 or 20 people, he had formed an opinion unfavorable to defendant regarding her guilt. Frank Lee Duncan, 53, of Loganville, was sentenced to three concurrent life sentences in confinement plus 20 years by Judge Samuel Ozburn at his sentence hearing on Friday for two counts of aggravated sexual battery, nine . [1] The evidence is amply sufficient to support the jury's determination that defendant was guilty of murder in the first degree. Judge Frank I. Duncan served as a Baltimore County Circuit Court Judge for an astounding 31 years, from 1905- 1936. It was all also highly prejudicial, utterly irrelevant to whether Duncan orchestrated her daughter-in-law's murder, and strong grounds for a mistrial. 363, 350 P.2d 115].). Also known as Wil F Duncan, Franklin Duncan, W Duncan, Duncan Franklin. back. He retired from the Akron Police Department as a Captain, with 33 years of service. The two laborers were promised $3,000 but received only $360. It answers frequently asked questions about FCEs, including who performs them, how they differ from regular medical examinations, whether an FCE is right for a claim, what to do if additional treatment is needed, how long the evaluation takes, and what happens after the evaluation is complete. They considered several plans and finally decided that Moya and Baldonado would kidnap Olga, take her across the border and kill her in Tijuana. Read more. All points bulletins were sent to police departments in California and neighboring states. After a brief uncontested hearing in which Winterstein, as the plaintiff, testified that Olga had not lived with him since their marriage, that she refused to do so, and that she had told him she had never intended "to go through with the marriage," a decree was granted to the plaintiff. https://www.lawyer.com/seal/1786120i.png, when he won a case, tongue-lashed the district attorney when he lost. Mar 8, 2015 Updated Mar 12, 2015. The next day defendant, accompanied by Mrs. Short, returned to the Tropical Cafe and was introduced to Moya and Baldonado by Mrs. Esquivel. If you are accessing TIME.com on a public computer, you are advised not to click on the "Remember me" option. Damon Duncan became a member of Duncan Law in 2009. One of the top catchers in the Negro . fn. We know that Frank's political affiliation is . On December 21, 1958, Elizabeth "Ma" Duncan hired Lewis Estrada Moya and Augustine Baldonado to murder her daughter-in-law, Olga Duncan. He stated, however, that he felt he could completely set aside his opinion, that it would not have a tendency to influence [53 Cal.2d 814] his verdict, and that it would not prevent him from acting fairly and impartially. No one knows whether she was dead or alive when they buried her. Baldonado even took investigators to Olga's body, which they had left on Casitas Pass. Later, at defendant's request, Mrs. Short left an envelope for Moya with the cashier of a restaurant. Several persons testified concerning threats made by defendant against Olga, efforts of defendant to obtain assistance in killing her, and other circumstances connected with the crime. She was still in her bathrobe and slippers when they shoved her inside the car. Juror Saavedra stated that, as a result of reading newspapers and talking about the case with her family, she had formed an opinion as to guilt unfavorable to defendant. Elizabeth Duncan didn't want Frank her admitted "favorite" son to date. 800-840-0600 She fought back, kicking and scratching. To search for a case, please copy the case number displayed above and click Search for a Case. Josh Cohen President, Beacon Communities Development. Help: 800-840-0600. In the search box, paste the complete case number. Call Although it is not always possible to cure error in this manner, for example, where the objectionable evidence goes to the main issue and the proof of guilt is not clear and convincing, the jury, under ordinary circumstances, is presumed to obey the court's instructions and disregard the evidence. LawLink Is Free! The state charged it was jealousy over sharing Frank's affections with Olga that drove Mrs. Duncan to hire Moya and Baldonado to kill her daughter-in-law, a onetime nurse from Canada. a TIME subscriber. They would later say that if they had known Olga was pregnant, they would not have killed her. My Account Details. Six years later, Louise Peete was sent to the gas chamber for robbing and killing a woman who had befriended her while she was in prison. Elizabeth Duncan, Luis Moya, and Gus Baldanado were busted on December 19, 1958 for conspiracy to murder Olga Duncan. In response to questions by defense counsel he said that evidence would be required to overcome his opinion, and, if his wife were on trial, he would not be willing to trust her fate to 12 jurors with his present frame of mind and did not think such jurors could render a fair and impartial verdict. The State Bar has placed this attorney on involuntary inactive status. Now hes under review, Blizzard conditions close major highways and roads in Lake Tahoe area, trigger avalanche, Last wave of winter storm hits Southern California, bringing snow, hail and rain. Biography: . The facts stated below are summarized from the testimony of a number of witnesses. Mr Duncan represented my family member in a trial, which lead to a hung jury. It was shown that the newspaper which published the statement made by the district attorney prior to the indictment did not receive any letters expressing agreement with his views regarding the desirability of retaining the death penalty, and that a number of letters disputing his position were received, some of which were published. . Mrs. Diaz replied that she did, and defendant said, "Well, forget about it. As an idealistic teenager, I was in the Ventura County CA courtroom in 1959 when Elizabeth "Ma" Duncan was sentenced to death for the vicious murder-by-hire of her son Frank's pregnant wife. [9] The district attorney was also permitted to question defendant, over objection, as to whether Frank had made his home with her during her marriage to several men. Olga was pregnant. Performance & security by Cloudflare. Her motion for a new trial was denied, and the appeal comes before us automatically under subdivision (b) of section 1239 of the Penal Code. Section 1076 declares that a juror is not disqualified for actual bias because he has formed an opinion as to guilt founded upon public rumor, statements in public journals, circulars, or other literature, or common notoriety, provided it appears to the court that he will act fairly and impartially. 68 years experience in General Practice. Frank met Olga at the hospital, and after his mother was released they began dating. Defendant left for a while and on her return went to the kitchen with Moya where she paid him $175 she [53 Cal.2d 809] had obtained by pawning some rings. Frank Patrick Duncan. Pity the girl who marries Frank Duncan, She has been missing since November 17. ", Stanford Law School - Robert Crown Law Library. Case details that can effectively describe the legal situation while also staying concise generally receive the best responses from lawyers. Defendant cashed a check which Frank had given her to pay for a typewriter, and she met Moya by appointment in a downtown store in Santa Barbara, where she handed him an envelope containing $150. He tried to sort out her marital tangles, but when she refused to cooperate, he ordered her to move out. Moya and Baldonado testified regarding the arrangements defendant made with them and the manner in which they carried out the plan to kill Olga. Get a Fully Customized Premium Plan! State's Attorney for Baltimore County, 1889-1895. Elizabeth Ann "Ma" Duncan was 58 . The district attorney should not have attempted impeachment of defendant in this manner, and the court should not have permitted it. About. 880 W. 1st St. Los Angeles, CA 90012 - 2446. The record supports the conclusion of the trial judge that the four challenged jurors would be fair and impartial. They discussed how much this would be worth to defendant and agreed that she would pay $3,000 when the "job" was done and $3,000 within three to six months. Log Out. teasing court clerks called him a "wicked wascal wabbit" behind his VI, 4 1/2.). The court refused to permit questioning as to whether she had lived with any of the men she was married to during this period. Still, Olga soon was pregnant. Mrs. Esquivel replied that "there were some boys" but she did not know whether they would want to talk to defendant. Frank stayed at defendant's home until the end of June, visiting Olga in her apartment. As a result, the attorney is ineligible to practice law in California. Lawyers with longer memberships tend to have more experience so we use the Membership date to help prioritize lawyer listings on search pages. The worst mother-in-law in California was also the last woman to be executed in the state, in 1962. The district attorney was further allowed, over objection, to cross-examine defendant as to whether she had previously lied about her age. Birdeye helps millions of local businesses to be found online with all their reviews and accurate business information. In response to questions by defense counsel she said that evidence would be required to overcome her opinion, that she did not know whether she could set aside her opinion completely, that she did not feel jurors with her present frame of mind could act impartially, and that, assuming she served as a juror and after hearing the evidence she entertained a reasonable doubt as to defendant's guilt, she would have some hesitancy in resolving the doubt in defendant's favor even though the court told her it was her duty to do so. He died on February 6, 1995 in Les Allues, Savoie, France. Five years earlier, Sullivan had lost the case defending Jack Santo and Emmett Perkins, the accomplices of good-time girl Barbara Graham. [8 S.Ct. Learn more about the benefits of being The attorney listings on the site are paid attorney . While visiting defendant in the hospital, Frank met Olga, who was working there as a nurse. However, defendant's answers to the questions were favorable to her and tended to minimize any harmful effect. Get more reviews from your customers with Birdeye. owl-eyed lawyer was arrogant and humorless, lisped so noticeably that This website is using a security service to protect itself from online attacks. The investigation which followed resulted in the confessions by Moya and Baldonado and defendant's arrest on a charge of murder. One of the newspaper articles stated that at the time of arraignment there were about 1,000 persons in the courtroom and adjoining corridors, that many of the spectators were hostile to defendant, and that one of them attempted to strike her. By Meagan Hurley. The After his mothers execution, he moved to Los Angeles, where he practiced law and never again made headlines. The next day they told Mrs. Contreras that the seat covers had been burned by a cigarette and that they would fix them or give her money for repairs. This website uses cookies to improve your experience while you navigate through the website. Editor's note. When Patsy Ann died of a spontaneous cerebral hemorrhage, Ma Duncans life changed dramatically. [4] The court disallowed challenges for actual bias made by defendant under section 1073 of the Penal Code to four prospective jurors (J. T. Porter, S. M. Flynn, Mrs. Susie Saavedra and Mrs. Erma Behrens). Obituary. service, and no attorney-client or confidential relationship is or should be formed by the use of this site. Albuquerque Isotopes transferred RHP Frank Duncan from the 7-day injured list to the 60-day injured list. But Frankie had a normal interest in the opposite sex, pursuing his fair share of young women in the Santa . Two days later, on December 21st, the cops went public with an appeal to help them find Olga Duncan's body. Plz go sit down and enjoy the rest of your life. . She testified [53 Cal.2d 818] that she had not entered into one of the three alleged prior marriages, that the two others had been terminated when she married Lowe, that he divorced her before she married Duncan, and that her default in the annulment action brought by Duncan was due to a lack of interest in him. On the evening of November 17, 1958, they drove to Olga's apartment. Atty. Augustine Baldonado, 28, and Luis Moya, 23, were quick to talk about Olga's murder on November 17, 1958. Frank Merlin Duncan, 75, a native of Philadelphia, Mississippi, and resident of Gray, died at 3:45 a.m. Saturday, Aug. 9, 2014.Visitation will be 5-8 p.m. Monday at Chauvin Funeral Home in Houma. They have also lived in Elkin, NC. The licensee is presumed to be innocent of any misconduct warranting discipline until the charges have been proven. Roy Gustafson prosecuted a capital murder case under a state law he wrote that created a separate penalty phase of the trial. In the middle of August defendant discovered where Olga was living and gained admittance to the apartment in her absence, apparently for the purpose of discovering whether any of Frank's clothes were there. RHP Frank Duncan and assigned to Sultanes de Monterrey. AdmissionEducationMore InformationWrong Duncan? Has been missing since November 17 said, `` she is not going to have more experience so we the! Her son went to police, intending to get the men in more legal trouble Stanford... Reveal Frank Duncan was 58 and humorless, lisped so noticeably that this website uses cookies to improve experience. Intending to get the men in more legal trouble presumed to be executed in the search box, the. Ordered her to move out sort out her marital tangles, but when refused... 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