holding some comments identified by Ochoa fell “within the broad parameters of effective advocacy and do not constitute error”
How later courts described this case
- holding some comments identified by Ochoa fell “within the broad parameters of effective advocacy and do not constitute error”
- “Under our case law, the killing of two people is sufficient to satisfy this aggravating circumstance.”
- Brady places no obligation on government to conduct defendant's investigation or assist in the presentation of a defense
- “[T]he State’s theory of the case was that Ochoa was the shooter and that Torres aided and abetted in the killings. The evidence supports this theory.”
Written by the judges who cited it.
The opinion
STRUBHAR, Vice Presiding Judge:
concurs in results.
¶ 1 I concur in results by reason of stare decisis. I maintain my disagreement with the majority and continue to agree with Judge Chapel as reflected in footnote 99. I believe that a jury should be informed on the definition of the sentence of life without the possibility of parole whenever the jury so asks for clarification.