November 10, 2022. To recommend or link to this lawyer as a trusted attorney, we have provided a list of sample links. Defendant contends that these questions tended to degrade and debase her and that the error was not cured by the admonition of the court. The three were indicted for murder and tried separately. The trial court could conclude that the comments made by the persons with whom the four jurors discussed the case were founded on news reports or rumor. Copyright 2023 The State Bar of California, Disciplinary charges filed in State Bar Court. Defendant placed particular emphasis on newspaper reports of statements made by the district attorney during the investigation in the latter part of December, 1958. While she was recuperating, Frank got to know her nurse, 30-year-old Canadian-born Olga Kupczyk. when he won a case, tongue-lashed the district attorney when he lost. THE PEOPLE, Respondent, v. ELIZABETH ANN DUNCAN, Appellant. A few days after defendant was indicted, an article quoted the district attorney at length with respect to why he was going to ask for the imposition of the death penalty. Elizabeth Duncan. The cookie is used to store the user consent for the cookies in the category "Analytics". Damon was born in Texarkana, Texas but moved to Charlotte, North Carolina . Inside the crisis transforming the Southwest, Rain check! https://www.lawyer.com/seal/1786120v.png, Among his remarks were statements that the "most pertinent point in the death penalty" was retribution, that rehabilitation statistics were "pretty said," that the chances of rehabilitating the three persons charged with the crime were "awfully slim," that he did not want to "take that kind of chance," and that he did not have any qualms about the prospect of "putting California's third woman in the gas chamber." She was still in her bathrobe and slippers when they shoved her inside the car. 800-840-0600 Older case records are available on request. Olgas friends were the ones whod called the newspaper two days after shed disappeared. Information on how drivers should conduct themselves when stopped by the police for DWI/DUI, and what steps they should take after being arrested. All of his witnesses either were available at the time of trial or in the case of experts could have been available at the time of trial if Mr. Duncan had sought out such . (See Pen. Although he testified that his relationship with his wife was one of love and affection, he also admitted that he had never so much as talked to her in the 10 days before her disappearance. Warmer storms could cause problems, The chance of a lifetime: Five friends ski the tallest mountain in Los Angeles, Shocking, impossible gas bills push restaurants to the brink of closures, 19 cafes that make L.A. a world-class coffee destination, Review: A reimagined Secret Garden fails to flower anew at the Ahmanson Theatre, High school basketball: Southern California and Northern California Regional results and updated pairings, The Colorado River is overused and shrinking. She told him she had already paid $1,000 to someone else who had not done anything for her, and Moya assured her they would do the "job," and that he would call her when "everything was taken care of.". 21, 31 L.Ed. Only $14.99/m; NEED A LAWYER? 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. In response to questions by defense counsel she stated that evidence would be required to overcome her opinion, and she did not know whether her opinion would influence her verdict but felt it would prevent her from acting fairly and impartially. Plz go sit down and enjoy the rest of your life. Frank Duncan (outfielder) (1888-1958), Negro leagues outfielder and manager. Her son went to police, intending to get the men in more legal trouble. [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). Frank and Olga were secretly married on June 20, 1958, and when defendant learned of the marriage she declared that she would not allow them to live together. Life x 3 for child molester. They considered several plans and finally decided that Moya and Baldonado would kidnap Olga, take her across the border and kill her in Tijuana. 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. Please choose the one that meet your needs. Also known as Wil F Duncan, Franklin Duncan, W Duncan, Duncan Franklin. Winterstein refused but did not report the incident because he was afraid of getting into trouble as a result of the fraudulent annulment. To read the article in Spanish, click here, (Unknown Photographer / Los Angeles Times), Do Not Sell or Share My Personal Information, Many still stranded in San Bernardino Mountains as snow blocks roads, threatens roofs, Suspected shooter in attacks on Jewish men was on FBIs radar, LAPD chief says, Caregiver accused in Manhattan Beach child sexual abuse case believed to be in Philippines, Before and after photos from space show storms effect on California reservoirs, Dramatic before and after photos from space show epic snow blanketing SoCal mountains, Yet more rain expected to hit California in March. 363, 350 P.2d 115].). If the case number begins with 19 or higher, you must add the prefix SBC to the case number, e.g., SBC [CASE NUMBER]. [1] The evidence is amply sufficient to support the jury's determination that defendant was guilty of murder in the first degree. Los Angeles Times Staff Writer. W. Frank Duncan, Jr., age 94, passed away Thursday, March 3, 2022. 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. Over the next decade, she drifted in and out of 10 or 20 marriages, in some cases not bothering to divorce one man before marrying another. Two days later, on December 21st, the cops went public with an appeal to help them find Olga Duncan's body. Thus it was a question of fact whether she had the guilty knowledge and intent necessary to make her an accomplice, and the trial court did not err in refusing to instruct the jury as a matter of law that she was an accomplice. She fought back, kicking and scratching. Frank Duncan. Jan. 20, 2002 12 AM PT. Mercedes Farrando President, Beacon Concepts. 68 years experience in General Practice. Atty. He was a Black baseball player and manager in the Negro Leagues. https://www.lawyer.com/seal/1786120f.png, In response to questions by the district attorney and the court she said that if she served on the jury she would set aside her opinion entirely and base her verdict solely upon the evidence presented in court, that she would follow an instruction not to vote defendant guilty unless convinced by the evidence beyond a reasonable doubt, and that she would be fair and impartial and would be willing to be tried by jurors with her frame of mind. DYK Law Injury and Accident Attorney is a law firm from Los Angeles city in California. Related To Carolyn Duncan, Nicholis Duncan, Jessica Duncan, Lowell Duncan, Eula Duncan. Elizabeth Ann Ma Duncan was 58. No one has reported seeing her since friends left her Garden Street apartment about 11:00 that night, police said. While his mother was in prison, Frank Duncan remarried, this time to an attorney (whom he divorced some years later). Elizabeth Duncan didn't want Frank her admitted "favorite" son to date. . Read more. 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. Moya and Baldonado testified regarding the arrangements defendant made with them and the manner in which they carried out the plan to kill Olga. Baldonado then "tied her up" with the tape, and they continued on out of town. He said further that he would act fairly and impartially, and on the presentation of evidence he would be satisfied to have himself or his wife tried by a juror with his frame of mind. Accident & Injury Personal Injury Wrongful Death Car Accident, Divorce & Family Law Custody & Visitation, Criminal DUI-DWI Felony White Collar Crime, Accident & Injury Personal Injury Car Accident Wrongful Termination Employment, Real Estate Estate Planning Wills & Probate Trusts, Criminal DUI-DWI Misdemeanor Felony Immigration, Accident & Injury Car Accident Motorcycle Accident Wrongful Death. Instead, she took an overdose of sleeping pills. Ma Duncans son, Frank Patrick Duncan, a Santa Barbara attorney whom she always called mamas little boy, didnt appear to hold a grudge; he even helped to defend his mother at trial. July 19, 2022 . (People v. Daugherty, 40 Cal.2d 876, 889-890 [256 P.2d 911]; People v. Wallace, 6 Cal.2d 759, 764-765 [59 P.2d 115]; People v. Edwards, 163 Cal. The owl-eyed lawyer was arrogant and humorless, lisped so noticeably that teasing court clerks called him a "wicked wascal wabbit" behind his back. Get a Fully Customized Premium Plan! By Meagan Hurley. Frank Duncan F. Frank Duncan . Mrs. Esquivel replied that "there were some boys" but she did not know whether they would want to talk to defendant. 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. Frank R Duncan, Frank P Duncan, Frank Patrick Duncan and Frank Z Duncan are some of the alias or nicknames that Frank has used. On the other hand, the questioning by the district attorney had an obvious tendency to degrade defendant since it injected into the case insinuations that she had committed bigamy and adultery and was the mother of two illegitimate children. Still, Olga soon was pregnant. Find Frank Duncan's phone number, address, and email on Spokeo, the leading online directory for contact information. Los Angeles, CA WW/Press/August 16, 2017 - Frank P. Duncan (Inactive), Sole Proprietor & Attorney of Frank P. Duncan Law Office was selected for inclusion into the Top Attorneys of North America 2017 edition by The Who's Who Directories. The following article appeared in the, A Lovely Girl: The Tragedy of Olga Duncan and the Trial of One of Californias Most Notorious Killers, Excerpt from A Lovely Girl: The Tragedy of Olga Duncan and the Trial of One of Californias Most Notorious Killers, Chapter 41. A would-be incestuous fantasy fuelled today's fiendish felon. But when she told Frank about his mothers threats, he refused to believe it; his mother told him it wasnt true. Duncan McKay is a partner in the Corporate Department and the Finance Practice, resident in New York. CONSUMER ALERT. People v. Lima, 25 Cal.2d 573, 576-578 [154 P.2d 698]; People v. Shaw, 17 Cal.2d 778, 799-800 [112 P.2d 241].) If you check the "Remember me" box, you will be automatically signed in for 30 days to TIME.com when you visit in the future. Help: 800-840-0600. By understanding these terms, individuals going through a divorce can make informed decisions and ensure their rights and interests are protected. 30, 2021. Anyone with information is asked to call the Santa Barbara Police Department. 1021]; Spies v. Illinois, 123 U.S. 131, 170 et seq. Moya informed defendant by telephone that they had performed their "part of the bargain." She would follow an instruction that guilt must be proved beyond a reasonable doubt before defendant could be convicted, and she would act fairly and impartially notwithstanding her opinion. 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. Call 800-840-0600 today! fn. . 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. You also have the option to opt-out of these cookies. Select County. Ma Duncan, fearing the men would spill their murderous secret, told her son that they had been blackmailing her about the annulment she tried to stage. Your message may not be sent to this lawyer. However, police said, they can find no evidence that she left Santa Barbara. In the early part of August defendant arranged with an ex-convict, Ralph Winterstein, to assist her in carrying out a fraudulent plan for the annulment of the marriage between Frank and Olga. Section 1073 of the Penal Code provides: "Particular causes of challenge are of two kinds: Second. Your IP: 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. Ma Duncans 1959 trial focused a harsh spotlight on Ventura County, where the prosecution painted a grim portrait of an overbearing, obsessed and terrifying mother, consumed with an intense hatred for her pregnant daughter-in-law and a perverse love for her son--so much that she resorted to murder to separate him from his wife. While visiting defendant in the hospital, Frank met Olga, who was working there as a nurse. Select this result to view Frank T Duncan's phone number, address, and more. Actor: Empire of the Sun. This cookie is set by GDPR Cookie Consent plugin. The investigation which followed resulted in the confessions by Moya and Baldonado and defendant's arrest on a charge of murder. She told them they could talk to defendant or not as they pleased, and she did not tell them defendant wanted them to "get rid" of Olga. By clicking Accept All, you consent to the use of ALL the cookies. There was abundant evidence of defendant's guilt, and we are satisfied from an examination of the entire record that there was no miscarriage of justice. Copies of official attorney discipline records are available upon request. She told her girlfriends and wrote to her parents about her fears. My Account Details. "I've heard a lot of detail today," Frank Duncan said Wednesday after hearing . The men panicked and pistol-whipped her so hard that they broke the borrowed gun. an external web address provided to the State Bar by a California-licensed attorney. Updated: 07/23/2018. This website is using a security service to protect itself from online attacks. 752, 756-757 [127 P. 58]; People v. Loper, 159 Cal. Frank Duncan may refer to: Frank Duncan (pitcher) (1920-1999), American baseball player in the Negro leagues from 1941 to 1945. 11, was the object of a police search today. 8 August 1962 - Elizabeth Duncan. All rights reserved. They would later say that if they had known Olga was pregnant, they would not have killed her. It's always call me tomorrow at 2, or Wednesday at 1, Friday at 4 etc. Duncan received his sentence on Friday. For the existence of a state of mind on the part of the juror in reference to the case, or to either of the parties, which will prevent him from acting with entire impartiality and without prejudice to the substantial rights of either party, which is known in this code as actual bias. He was so well respected that, upon his retirement, the Baltimore Sun felt compelled to write an editorial lauding his talents. Do NOT follow this link or you will be banned from the site. Five years earlier, Sullivan had lost the case defending Jack Santo and Emmett Perkins, the accomplices of good . Furman and Clemson Universities on the GI Bill. Other statements which the district attorney was reported to have made were that he had evidence this was not the first time defendant sought to hire someone to kill Olga, that, as far as he was concerned, Moya and Baldonado were not blackmailing defendant but were demanding "the pay they were promised for the job they did," and that defendant's jealousy of Olga was the major motive for the crime. The next day defendant, accompanied by Mrs. Short, returned to the Tropical Cafe and was introduced to Moya and Baldonado by Mrs. Esquivel. Mrs. Duncan is the wife of Santa Barbara attorney Frank Duncan and was home alone Monday night after she said goodbye to two friends who visited her at her apartment. She testified further that her daughter, Patricia, was the issue of her marriage to Duncan and that her son, Frank, who was the issue of her marriage to Lowe, changed his name to Duncan. Olga Kupczyk mrs. Esquivel replied that `` there were some boys '' but she did not know whether would. 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Phone number, address, and more, 2022 `` Particular causes of challenge are two. Practice, resident in New York lauding his talents write an editorial lauding his talents the! Clicking Accept All, you consent to the State Bar court 3, 2022 he divorced some years )! Then `` tied her up '' with the tape, and what steps they should take after being arrested today... The Penal Code provides: `` Particular causes of challenge are of kinds! Jessica Duncan, Lowell Duncan, W Duncan, Franklin Duncan, Eula Duncan a charge of murder with and...
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