People v. Burgener

In 1981, Appellant was convicted of murder and sentenced to death. The Supreme Court reversed the penalty verdict. At the penalty retrial, the jury again sentenced Appellant to death, but the trial court modified the sentence to life imprisonment without the possibility of parole. The case was again remanded. On remand, the judge denied the motion to modify the verdict. On appeal, the Supreme Court vacated the death judgment and remanded for another hearing on Appellant’s application to modify the verdict. On remand, the trial court granted Appellant’s request to represent himself but denied his application to modify the verdict. The court then reinstated the death judgment. The Supreme Court vacated the judgment and remanded for another hearing on the application for modification of the death penalty verdict. On remand, the judge denied Appellant’s application to modify the verdict. On appeal, the Supreme Court affirmed the death judgment, holding (1) the trial court did not err in granting Appellant’s request to represent himself; and (2) Appellant forfeited his second claim on appeal. View "People v. Burgener" on Justia Law