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California Appeals Court Reverses Death Sentence

By Walin & Klarich

For the second time last month, the Ninth Circuit Court of Appeals overturned a death sentence, citing inadequate assistance of counsel. 2008 DJDAR 9426. In March of 1986, appellant Henry Earl Duncan was convicted of robbery and first-degree murder. After finding the special circumstance allegation of his case to be true, Duncan was sentenced to death for murder by the jury. Id. The victim in the case, Josephine Eileen DeBaun, was Duncan?s supervisor at the International Host Restaurant in the Los Angeles International Airport. DeBaun?s body was found on the morning of November 14, 1984 in a small caged area in the back of the restaurant where money was deposited at the end of the day. DeBaun was last seen alive around 11:50 pm. Duncan was seen not far from the restaurant around 11:30 pm...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 06, 2008 (boomark / email).