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Byron Case Transcripts 25 Byron Case

Byron Case Transcripts 25 Byron Case

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Published by skepticaljuror
This is supporting documentation for The Skeptical Juror: Missouri v. Case. It is the first book in a new true crime series.

To learn more about the book, the series, and the concept of The Skeptical Juror, visit me at www.skepticaljuror.com

-tsj
This is supporting documentation for The Skeptical Juror: Missouri v. Case. It is the first book in a new true crime series.

To learn more about the book, the series, and the concept of The Skeptical Juror, visit me at www.skepticaljuror.com

-tsj

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Published by: skepticaljuror on Jun 16, 2009
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Testimony and cross-examination of Byron CaseState of Missouri v. Byron CaseMay 1, 2002.Pages 1010-1160Direct examination by Mr. LanceCross examination by Mr. FryRedirect examination by Mr. LanceDiscussion between Court and AttorneysPage 1010 (Byron Case testimony)(The following proceedings were had in the courtroom out of the presence and hearing of the jury:)THE COURT:Did you want to do this prior offender status situation, Mr. Fry?MR. FRY:We have to get into the box. The box has been very unforgiving.MS. CRAYON:It might be more efficient if we do it right before the jury comes down.THE COURT:Get it together. We'll do it then. Like I said, let's we'll conclude the evidence and see where it takesus and then we'll sort of formulate our strategy once the evidence is concluded. Anything else we need totake up?MR. FRY:Not right now. We think we have the correct instructions.THE COURT:Do I have verdict forms?MS. CRAYON:You should have.THE COURT:I don't think I have verdict forms.Page 1011 (Byron Case testimony)MS. CRAYON:There is a correction on the murder 2. There is a typo on the first page.THE COURT:
 
You'll need a verdict form for the lesser also. One not guilty, but the lessers I need. Anything else?We'll see you all about then.(A noon recess was taken.)(The following proceedings were had in the courtroom out of the presence and hearing of the jury:)THE COURT:Let's go on the record. Ms. Crayon, I believe at this point in time out of the hearing of the jury, it'syour desire to put in evidence regarding prior offender status that's been alleged in the indictment?MS. CRAYON:Yes, Your Honor.THE COURT:I guess it's the information in lieu of indictment, actually.MS. CRAYON:Your Honor, in line with the -- we filed a motion for leave to file an amended information, and I believe that was granted in April by you. And in supporting our request, I'm going to offer State's Exhibit Numbers 23 and 24 to the Court.Page 1012 (Byron Case testimony)I'm going to ask the Court that, based on those exhibits, that you make a finding that the defendantis a prior offender under Section 558.016 in that he has been convicted of a felony as follows:That on or about August 8th of '96, the defendant was convicted of a felony of stealing, a Class Cfelony, in case number CRI96-996FX in Division 1 of the Circuit Court of Clay County, Missouri.In support of that I offer State's Exhibits 23 and 24 for the Court's consideration. I'm showing themto defense counsel at this time. 23 being the actual complaint that was filed and 24 being the judgment andsentence that was filed.THE COURT:All right. Mr. Lance, do you have any objection to me considering State's 23 and 24?MR. LANCE:No objections.THE COURT:All right. Do you have any record you wish to make?MR. LANCE:No, Your Honor.Page 1013 (Byron Case testimony)
 
THE COURT:All right. Based on the evidence that I have seen, I find that this defendant, Byron Case, with thesame name and same birth date as the defendant in this case pending in Jackson County, Missouri, wascharged with the crime of burglary in the second degree on or about the 16th day of May of 1996, and thatsubsequently, on the 30th of December 1998, defendant was sentenced to a reduced charge of stealing.MR. LANCE:Judge, I think they actually just dropped Count 1.THE COURT:Excuse me. They dropped -- that's correct. Count 2 was, in fact, stealing. Count I was dismissed. He pled guilty to Count 2. On December 30th 1998, he was sentenced to six months in the Clay County jail.Execution of sentence was suspended. He was placed on probation for a period of five years.Further, that under law of the State of Missouri, that makes him a convicted felon, thus, he is subjectto prior offender status, which effectively means that the issue of punishment will not go to the jury; and,should a guilty -- effectively in this case what it means, if there is a guilty finding on the lesser includedoffense and as to Count 2, that the sentencing issues will be left to the Court. Anything further?Page 1014 (Byron Case testimony)MR. LANCE:Nothing further.THE COURT:Any reason we shouldn't bring the jury down?MR. LANCE:No, Your Honor.MS. CRAYON:No, Your Honor.THE COURT:Wait. One thing. Did you want to make any record with your client about the testifying situation?MR. LANCE:I don't request that.THE COURT:okay. I'm not going to make any record with him other than, Mr. Case, I do advise you now, in opencourt that as a defendant, you have the right to remain silent and not testify and you also have the right totestify if you so desire. If you do testify, obviously you'll be subject to cross examination. Do youunderstand that?THE DEFENDANT:

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