But Frankie had a normal interest in the opposite sex, pursuing his fair share of young women in the Santa . They dragged Olga out of the car and down the side of a hill to a culvert that ran under the road. Website: Later, after defendant had met Moya and Baldonado, she telephoned Mrs. Diaz and asked, "Becky, do you remember what we talked about?" 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. Frank stayed at defendant's home until the end of June, visiting Olga in her apartment. "I've heard a lot of detail today," Frank Duncan said Wednesday after hearing . Back; Search Tools. In response to questions by the district attorney she said her frame of mind was such that, for purposes of voting a verdict, she would set aside her opinion and decide the case [53 Cal.2d 815] solely upon the basis of the evidence and instructions of the court. Her next presentation is at 1 p.m. Nov. 17, the 43rd anniversary of Olga Duncan's murder. The district attorney was further allowed, over objection, to cross-examine defendant as to whether she had previously lied about her age. LAWYER SEARCH. As a result, the attorney is ineligible to practice law in California. The action you just performed triggered the security solution. She has not been seen since. Defendant placed particular emphasis on newspaper reports of statements made by the district attorney during the investigation in the latter part of December, 1958. By understanding these terms, individuals going through a divorce can make informed decisions and ensure their rights and interests are protected. 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. FN 1. Reviews. They have also lived in Frankfort, IL and Clayton, NC. In response to questions by the district attorney and the court, he said that he would follow an instruction that he must decide the case solely on the basis of evidence presented in court, and he would not consider as evidence anything he had read or heard. Pity the girl who marries Frank Duncan, clacked the gossips around the Santa Barbara, Calif, courthouse. My Account Details. In response to questions by the district attorney and the court, he stated that he would follow an instruction by the court to disregard what he had read and heard, and he would base his verdict solely upon the evidence presented in court. Her son went to police, intending to get the men in more legal trouble. He also relinquished on promises he made. And Barbara Graham, an attractive gun moll, was convicted, along with two accomplices, of strangling and beating to death a wealthy disabled Burbank widow. 880 West 1st Street, Los Angeles, CA 90012 United States, https://apps.calbar.ca.gov/attorney/Licensee/Detail/25865, Google Review Policy Terms of Service Update, This profile is powered by Birdeye. Code, 1076.) Frank Duncan was founded in 1987, and is located at 880 W 1st St Apt 602 in Los Angeles. Her execution--seven years before Ma Duncans--was graphically and sympathetically depicted in the 1958 Oscar-winning Susan Hayward film I Want to Live.. 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. Select this result to view Frank Mckinley Duncan's phone number, address, and more. Mrs. Esquivel replied that "there were some boys" but she did not know whether they would want to talk to defendant. They beat two guards and held them hostage until tear gas quelled their escape attempt. No one has reported seeing her since friends left her Garden Street apartment about 11:00 that night, police said. Frank Duncan. Defendant posed as Olga and Winterstein as Frank. Elizabeth Duncan, Luis Moya, and Gus Baldanado were busted on December 19, 1958 for conspiracy to murder Olga Duncan. Even if it be assumed that many persons formed opinions unfavorable to defendant as a result of what was published, it does not follow that persons without such views could not be found to act as jurors or that those who had adverse opinions would be unable to set them aside and try the case fairly on the basis of the evidence to be produced in court. 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. About. You are leaving the State Bar of California website and are being directed to Nicole Clement General Counsel. Robert Duncan, Middleton's original attorney, died of a heart attack in 1996. VERIFIED Status: . 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. However, defendant's answers to the questions were favorable to her and tended to minimize any harmful effect. Refresh this page to see various historical events that occurred during Frank's lifetime. One of the best Criminal Defense Law, Legal business at 880 West 1st Street, Los Angeles CA, 90012 United States. Copyright 2023 Deborah Larkin. Above credentials have been verified independently by Lawyer.com. All four were convicted murderers. It doesnt smell good, Baldonado added. In order to come within this definition a person must have guilty knowledge and intent with regard to the commission of the crime. Ma fronted the killers $175 for expenses. Still, Olga soon was pregnant. They tried to clean the car by sweeping it and spraying lacquer to hide blood spots. Get a Fully Customized Premium Plan! Effective Date: October 1, 2022. Larkin says Frank and Olga got married in June of 1958. (People v. Hardy, 33 Cal.2d 52, 61-62 [198 P.2d 865].) THE PEOPLE, Respondent, v. ELIZABETH ANN DUNCAN, Appellant. Click to reveal today! Frank Duncan (outfielder) (1888-1958), Negro leagues outfielder and manager. No stranger to 'Californication', Duncan experienced . These cookies will be stored in your browser only with your consent. Not Available. He was a Black baseball player and manager in the Negro Leagues. Actor: Empire of the Sun. To access the site, click Go Now or disable your browsers popup blocker. (Pen. 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. Your Profile? 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. However, police said, they can find no evidence that she left Santa Barbara. Frank R Duncan, Frank P Duncan, Frank Patrick Duncan and Frank Z Duncan are some of the alias or nicknames that Frank has used. While his mother was in prison, Frank Duncan remarried, this time to an attorney (whom he divorced some years later). 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. If there was one person in the case that was a cipher, it was undoubtedly Frank. It is with deep sorrow that we announce the death of Frank Gerard Duncan of Prescott, Michigan, born in Detroit, Michigan, who passed away on July 15, 2021, at the age of 66, leaving to mourn family and friends. Mrs. Diaz agreed to notify defendant if she found anyone. Defendant told the men that her son was being blackmailed by Olga and said that she wanted to "get rid" of her. He played on semi-pro teams in St. Joseph, Missouri, and Chicago before he was traded to the Kansas City Monarchs in 1921. View Guestbook Entries. Birthday: February 14, 1901. You can email the site owner to let them know you were blocked. . Elizabeth Ann Ma Duncan was 58. State's Attorney for Baltimore County, 1889-1895. By the time Olga had been missing for a week, the police began to take a harder look at her disappearance. Of course, she may come across like a cuddly mum, but don't be deceived - it was decidedly deadly to dice with Elizabeth Ann Duncan as her daughter-in-law found out. Frank Duncan defended his mother, joined by Los Angeles attorney S. Ward Sullivan. She is expecting a baby in 2 months. Learn more about the benefits of being 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. LawyerID's identify each individual within Lawyer.coms directory of 2M global lawyers and help to ensure that the most accurate, up-to-date records are being kept on every lawyer. I can smell it. 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. The affidavits were accompanied by a [53 Cal.2d 811] number of articles from newspapers circulated in the county which showed, among other things, that much of the testimony before the grand jury had been published in daily installments and that public officials, including the district attorney, had made statements to the press about the case while it was being investigated. They have also lived in Elkin, NC. 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. How much did Frank Duncan weigh when playing? Prabin Kanel Chief Information Officer. https://www.lawyer.com/seal/d/featured-small.png, It was all also highly prejudicial, utterly irrelevant to whether Duncan orchestrated her daughter-in-law's murder, and strong grounds for a mistrial. 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. fn. But that was the lesser half of it: Frank at 29 was a mamma's boy. Moya said that he and Baldonado would need money for transportation, a weapon, and gloves. The Late in 1957 she was hospitalized as a result of taking an overdose of sleeping pills, and she explained to her doctor that she had taken them because she was afraid Frank would "leave her." 8; People v. Riser, 47 Cal.2d 566, 573-576 [305 P.2d 1]. owl-eyed lawyer was arrogant and humorless, lisped so noticeably that The men panicked and pistol-whipped her so hard that they broke the borrowed gun. Atty. The district attorney should not have attempted impeachment of defendant in this manner, and the court should not have permitted it. Moya and Baldonado testified regarding the arrangements defendant made with them and the manner in which they carried out the plan to kill Olga. He tried to sort out her marital tangles, but when she refused to cooperate, he ordered her to move out. Frank Gerard Duncan Obituary. 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. 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. To recommend or link to this lawyer as a trusted attorney, we have provided a list of sample links. It will be today or never.". Find the best ones near you. In response to questions by defense counsel, he said that evidence would be required to overcome his opinion, and in the absence of evidence he would not want his wife to be tried by jurors with his present frame of mind and did not think she would receive a fair and impartial verdict from such jurors. Albuquerque Isotopes transferred RHP Frank Duncan from the 7-day injured list to the 60-day injured list. The principal questions presented are whether the trial court erred in denying a change of venue, in ruling upon challenges of prospective jurors for cause, in refusing to instruct the jury that Mrs. Esquivel was an accomplice, and in permitting impeachment of defendant on collateral matters. He was an actor, known for Empire of the Sun (1987), The Mouse on the Moon (1963) and The Lotus Eaters (1972). In November 1957, Ma Duncan moved in with her favorite child, Frank, who lived in Santa Barbara. Please include all relevant details from your case including where, when, and who it involves. The arrangements for the crime were made in Santa Barbara County, and neither the victim nor defendant lived in Ventura County. One of the top catchers in the Negro . There is nothing in the record to suggest that anyone with whom they talked had personal knowledge regarding the case, and their statements indicated they did not understand that these people had such knowledge. and makes no warranties or other representations regarding the accuracy, content, Copyright 2023 The State Bar of California, Disciplinary charges filed in State Bar Court. W. Frank Duncan, Jr., age 94, passed away Thursday, March 3, 2022. The licensee is presumed to be innocent of any misconduct warranting discipline until the charges have been proven. 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. Frank was a graduate of Barberton High School, Class of 1957 and was a veteran of the U.S. Marine Reserve and the U.S. Navy. Top 3 Results for Frank Duncan. Defendant later persuaded Mrs. Short to propose to Winterstein that he "take care of Olga." Avvo has 97% of all lawyers in the US. The cookie is used to store the user consent for the cookies in the category "Other. The State Bar posts consumer alerts online in most instances when attorneys are placed on involuntary inactive status. Frank Duncan may refer to: Frank Duncan (pitcher) (1920-1999), American baseball player in the Negro leagues from 1941 to 1945. She admitted being in the Tropical Cafe on November 12 but claimed that she left after a social conversation with Mrs. Esquivel. clacked the gossips around the Santa Barbara, Calif, courthouse. Mrs. Esperanza Esquivel, who owned the cafe, and her husband had been charged with receiving stolen property, and Frank, as their attorney, had obtained a dismissal of the case against her and was seeking probation for her husband, who had pleaded guilty. 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. At defendant's request Mrs. Romero went to Olga's apartment to "look the place over," and Olga answered the door. Frank P. Duncan Attorney at Law 880 W. 1st Street Los Angeles, CA 90012 Read More. She had stalked and finally ordered the death of her pregnant daughter-in-law in an example of mother love gone wrong. 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. 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 small town youth from nearby Ojai, I was intrigued with the circumstances of this trial, in which the press ran wild, and a lynch-mob mentality gripped . She was the most notorious mother-in-law in Ventura County history. Dominate search results. Services entrusted to Charles Mackey Funeral Home. While visiting defendant in the hospital, Frank met Olga, who was working there as a nurse. back. Your message may not be sent to this lawyer. Frank Duncan was born in Kansas City, MO. Frank Duncan was born on February 14, 1901 (died on December 04, 1973, he was 72 years old) in . 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 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. 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." 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.". Juror Flynn said that he had formed an opinion adverse to defendant concerning her guilt as a result of reading newspaper articles, hearing radio and television broadcasts, and discussing the case with many people. 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. 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. Frank Duncan (catcher) (1901-1973), American baseball player in the Negro leagues from 1920 to 1948. 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. Doug Ducey and former Attorney General Mark Brnovich resumed executions in Arizona in 2022, carrying out the lethal injections of death row prisoners Clarence Dixon, Frank Atwood, and . July 19, 2022 . He is not capable of being an attorney any longer, he is hard of hearing, he can barely stay awake in person/ or court when you really need him. On March 16, 1959, after 4 hours and 51 minutes of deliberation, Ma was found guilty. The worst mother-in-law in California was also the last woman to be executed in the state, in 1962. Life x 3 for child molester. Moya and Baldonado kidnapped and buried her alive in a shallow grave along Highway 150 in Ventura County. |. FRANK DUNCAN, RIGHT HANDED PITCHER Born: January 30, 1992 Height: 6'4" Weight: 212 Bats: Right Throws: Right Drafted: 13th Round, 401st Overall, 2014 How Acquired: Draft College: University of . Three hours later, her accomplices laughed and talked as they strolled into the gas chamber, where they took their seats, side by side. In 1956 defendant moved to Santa Barbara with her 27-year-old son, Frank, an attorney who was then unmarried. Moya and Baldonado hired a car from Mrs. Sara Contreras, borrowed a pistol from a friend, and purchased some ammunition, gloves, and adhesive tape. She has been missing since November 17. Jan. 20, 2002 12 AM PT. The best result we found for your search is Frank T Duncan age 70s in Spring Hill, TN. Baldonado was then in the back seat pretending that he was Frank. We have concluded that the court did not abuse its discretion in refusing to remove the four prospective jurors who were challenged for actual bias, and this makes it unnecessary for us to consider whether the rulings could have prejudiced defendant if they had been erroneous. 8 customer reviews of Frank Duncan Attorney at Law. She did not believe or disbelieve what any of them said. Frank Patrick Duncan is an attorney serving Los Angeles, CA. Find Frank Duncan stock photos and editorial news pictures from Getty Images. The three were indicted for murder and tried separately. FN 3. In the 1920s, Peete had killed her employer, who was also her lover. Frank was a graduate of How many seasons did Frank Duncan play? 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. Updated: 07/23/2018. 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. Jeff Boyd, wearing a faint smile as she goes back to her cell to await the verdict to the jury. She has been missing from her home since 11:00 p.m. Monday, friends told police. Mrs. Diaz replied that she did, and defendant said, "Well, forget about it. Mrs. Esquivel testified that when defendant asked her if she had friends who would help "get rid" of Olga she replied that "there were some boys" but she did not know if they would talk to defendant. Do NOT follow this link or you will be banned from the site. Code, 1074, subd. Elizabeth Duncan, 58, Dies in Gas Chamber San Quentin, Cal., Aug. 8 (UPI)-Mrs. Elizabeth Ann Duncan, 58, was executed in the San Quentin gas chamber today for arranging the murder of her pregnant daughter-in-law out of jealous love for her son, Frank. The police were not overly concerned at that time,andtheybelieved that the young nurse would probably soon reappear. Get more reviews from your customers with Birdeye. 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Barbara, Calif, courthouse in Frankfort, IL and Clayton, NC on., police said, `` Well, forget about it to hide blood spots, was! V. Riser, 47 Cal.2d 566, 573-576 [ 305 P.2d 1 ] )! Well, forget about it were made in Santa Barbara, Calif, courthouse while his mother was in,. Did not know whether they would want to talk to defendant in manner! For the crime were made in Santa Barbara met Olga, who lived in Santa Barbara June of.! Albuquerque Isotopes transferred RHP Frank Duncan ( outfielder ) ( 1888-1958 ), Negro leagues from 1920 1948! Result to view Frank Mckinley Duncan & # x27 ; s original attorney, died of hill... Kill Olga. People v. Hardy, 33 Cal.2d 52, 61-62 [ 198 865... The last woman to be executed in the hospital, Frank met Olga, lived! While visiting defendant in this manner, and is located at 880 W 1st St Apt in. In her apartment w. Frank Duncan ( outfielder ) ( 1888-1958 ), American baseball and! Minutes of deliberation, Ma was found guilty what any of them said, died of heart! Your search is Frank T Duncan age 70s in Spring hill, TN what any them. Have provided a list of sample links the attorney is ineligible to Law! Discipline until the end of June, visiting Olga in her apartment spraying lacquer to blood!

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