[8] Defendant testified on direct examination that she was married at one time to F. M. Lowe and later to F. P. Duncan. an external web address provided to the State Bar by a California-licensed attorney. 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. Following Frank's service in the . ", Stanford Law School - Robert Crown Law Library. Read more. Next. March 16, 2020 Editor Uncategorized 0. License Status: The cookies is used to store the user consent for the cookies in the category "Necessary". Frank Lee Duncan Jr. was born on February 14, 1901, in Kansas City, Missouri. She was convicted of orchestrating the murder of her daughter-in-law in 1958. Moya and Baldonado kidnapped and buried her alive in a shallow grave along Highway 150 in Ventura County. Grow your business. I won't need you any more. Born in Barberton, November 8, 1938, he resided in Canal Fulton for the past 20 years. Bail was set at $100,000 each (the amount is equivalent to over $7 million 2013 USD). Appointed Associate Judge of the Third Judicial Circuit (Baltimore and Harford counties) in 1905, and served . (213) 621-4060. a TIME subscriber. Frank R Duncan, Frank P Duncan, Frank Patrick Duncan and Frank Z Duncan are some of the alias or nicknames that Frank has used. Performance & security by Cloudflare. Your IP: 752, 756-757 [127 P. 58]; People v. Loper, 159 Cal. Section 1073 of the Penal Code provides: "Particular causes of challenge are of two kinds: Second. To access the site, click Go Now or disable your browsers popup blocker. Birthday: February 14, 1901. When the jurors were questioned by defense counsel, they answered that they had formed an opinion defendant was [53 Cal.2d 816] guilty and that it would require evidence to overcome their opinion. DISCLAIMER: Any posted Notice of Disciplinary Charges, Conviction Transmittal or other initiating document, contains only allegations of professional misconduct. Winterstein refused but did not report the incident because he was afraid of getting into trouble as a result of the fraudulent annulment. November 10, 2022. Frank Duncan. 3 These jurors were removed by peremptory challenges exercised by defendant, but later, before a jury was obtained, she exhausted the 20 peremptory challenges available to her, and she claims that she [53 Cal.2d 813] would have used such challenges, had they not been exhausted, to remove three jurors who tried the case, even though she did not challenge those jurors for cause. Effective Date: October 1, 2022. Frank is related to Kelly Rae Duncan and Marcia Lee Duncan as well as 1 additional person. Attorney in Los Angeles, California 90012 . Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. She has notified no one of her whereabouts, including her husband, attorney Frank Duncan, from whom she recently separated. Larkin says Frank and Olga got married in June of 1958. [3] Defendant's motion for a change of venue was addressed to the sound discretion of the trial judge, and we cannot say that he abused his discretion in denying it. A short time later they had trouble with the car, and, instead of following their original plan of going to Mexico, they drove into the mountains near Ojai, in Ventura County. Beat local competitors. Where was Frank Duncan born? Robert Duncan, Middleton's original attorney, died of a heart attack in 1996. The court refused to permit questioning as to whether she had lived with any of the men she was married to during this period. Code, 1111.) She was the last woman to be executed in California before the United States Supreme Court suspended the death penalty under Furman v. Georgia. Code, 1074, subd. Official discipline information can be found on an attorney's profile and in the State Bar Court case search. In the 1920s, Peete had killed her employer, who was also her lover. 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. On the evening of November 17, 1958, they drove to Olga's apartment. 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. 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. Biography ID: 63878979 . They beat two guards and held them hostage until tear gas quelled their escape attempt. Fax: Not Available, Email: Not Available The State Bar posts consumer alerts online in most instances when attorneys are placed on involuntary inactive status. [53 Cal.2d 808]. Weeks later, both men were arrested on unrelated charges. The State Bar posts consumer alerts online in most instances when attorneys are placed on involuntary inactive status. 2, 54 L.Ed. 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. On one occasion, when Olga said that she and Frank were going to be married, defendant replied, "You'll never marry my son, I'll kill you first.". 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. During her last hours she had appeared serenely confident that. 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. In his oral argument before this court the district attorney denied making most of the statements attributed to him and said that he did not condone the making of such statements by a prosecuting official. Shortly thereafter Frank moved back to defendant's home. Elizabeth Ann Ma Duncan was 58. 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. tragic story began with a short article that appeared in the, . She is employed as a surgical nurse at Cottage Hospital. 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. 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. Anna Sorokin's former lawyer plans to write a tell-all book about the fake heiress - a move that comes after she . The district attorney was further allowed, over objection, to cross-examine defendant as to whether she had previously lied about her age. Frank Duncan defended his mother, joined by Los Angeles attorney S. Ward Sullivan. He stated, however, that he felt he could completely set aside his opinion, that it would not have a tendency to influence [53 Cal.2d 814] his verdict, and that it would not prevent him from acting fairly and impartially. Includes Address (8) Phone (11) Email (15) See Results. Baldonado was then in the back seat pretending that he was Frank. Furman and Clemson Universities on the GI Bill. Following Frank's service in the Korean War, he attended. Mrs. Diaz agreed to notify defendant if she found anyone. Here is what you need to know to access discipline documents in public cases: Documents are added to the State Bar Courts online docket as events occur. Olgas friends were the ones whod called the newspaper two days after shed disappeared. Frank B. Duncan, 78, passed away Wednesday, July 5. If you are already a subscriber sign up registration is free! Elizabeth was supposed to pay them $6,000 to take out her daughter-in-law. LAWPOINTS measure the overall completeness of a Lawyer's profile. The men panicked and pistol-whipped her so hard that they broke the borrowed gun. Get a Fully Customized Premium Plan! Published by The Advocate on Apr. |. 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 . . Defendant said that Olga was threatening her and demanding money, and she asked Mrs. Diaz to help find a man to "get her out of town." CONSUMER ALERT. Leading Lawyer Association; Top Attorney Los Angeles CA; Top Attorneys of North America; Previous. By the time Olga had been missing for a week, the police began to take a harder look at her disappearance. Select this result to view Frank T Duncan's phone number, address, and more. Elizabeth Ann Duncan was her name, but she became known simply as Ma Duncan. 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. I repeat one of the worst decisions I ever made. The cookie is used to store the user consent for the cookies in the category "Performance". 1912B 1193]; People v. Scott, 123 Cal. https://www.lawyer.com/seal/1786120i.png, LAWYER SEARCH. For more information, please visit TIME's Privacy Policy. When that failed, she bought a gun and threatened to kill herself in front of her son. Mrs. Reed replied that she would think the matter over, and later she informed Frank of the proposal his mother had made to her. Moya and Baldonado were found guilty at their trials as well. She has not been seen since. Actor, Singer, Dancer & Performer, Group Exercise Instructor, Personal Fitness Trainer, Painter, Love to travel! Life x 3 for child molester. When Frank told his mother, she became hysterical. The attorney listings on the site are paid attorney . Do not hire! W. Frank Duncan, Jr., age 94, passed away Thursday, March 3, 2022. ), [6a] The trial court refused to give an instruction requested by defendant that Mrs. Esquivel was an accomplice. Const., art. The best result we found for your search is Frank Mckinley Duncan age 80+ in State Road, NC. Matronly, smartly dressed Elizabeth Duncan, separated from her Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Roy A. Gustafson, District Attorney (Ventura), for Respondent. Copyright 2023 The State Bar of California, Disciplinary charges filed in State Bar Court. It does not store any personal data. How much did Frank Duncan weigh when playing? Mrs. Esquivel replied that "there were some boys" but she did not know whether they would want to talk to defendant. My Account Details. Police caught on to Ma Duncan, and her hired hands confessed all too easily. While she was recuperating, Frank got to know her nurse, 30-year-old Canadian-born Olga Kupczyk. This man is in his 90's he should have stop practicing a while ago. On Nov. 18, 1958, Moya and Baldonado borrowed a car and a gun and lured Olga from her apartment on the pretext that her husband was drunk in the back seat of their car. Damon Duncan became a member of Duncan Law in 2009. 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. Help: 800-840-0600. After Frank left for work each morning, his mother telephoned Olga or went to her apartment to threaten the woman, hoping to scare her out of town. 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. She offered Mrs. Reed $1,500 to assist her in killing Olga. All her identification was left at her apartment, apparently. Address. Frank is related to Bytha Parsons Duncan and Janice Layell Shermer. We know that Frank's political affiliation is . All rights reserved. Editor's note. Nicole Clement General Counsel. She wrote bad checks, used false names and once served 30 days in jail in San Francisco for running a brothel. 360, 350 P.2d 112]; People v. Baldonado, post, p. 824 [3 Cal.Rptr. But that was the lesser half of it: Frank at 29 was a mamma's boy. City police are sending copies of a photograph of Olga Duncan to other police departments on this coast today in a continuing search for the woman. Her son went to police, intending to get the men in more legal trouble. Frank Duncan weighed 175 lbs (79 kg) when playing. 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. In 1956 defendant moved to Santa Barbara with her 27-year-old son, Frank, an attorney who was then unmarried. 2019 TIME USA, LLC. 874 records for Frank Duncan. Top 3 Results for Frank Duncan. Find the best ones near you. The [53 Cal.2d 810] envelope, which was addressed to "Dorothy," contained $10, and Moya obtained it by saying it was for his aunt. Prabin Kanel Chief Information Officer. An affidavit by the undersheriff of Ventura County averred that no more than 200 persons were in the courtroom and the corridor at the time of arraignment, that he had made numerous inquiries about the asserted effort of a spectator to strike defendant, and that the only person whose name was given to him as having seen the incident was an investigator for defendant. 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. Duncan's father, Frank, is a Pennsylvania Baptist pastor who offered to house his son while awaiting trial. [9] The district attorney was also permitted to question defendant, over objection, as to whether Frank had made his home with her during her marriage to several men. 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. The legality of defendant's marriages to Lowe and Duncan was not relevant to any issue in the case, and attacking the credibility of defendant on the point was of little, if any, importance to the prosecution. She said that the following day she was walking past the cafe when Moya took her wrist and dragged her inside, where Mrs. Esquivel, in the presence of Moya and Baldonado, expressed dissatisfaction with Frank's legal services and demanded the return of the fee paid to him, threatening to kill him and defendant if the money was not returned. Create Free Profile. No one knows whether she was dead or alive when they buried her. The owl-eyed lawyer was arrogant and humorless, lisped so noticeably that teasing court clerks called him a "wicked wascal wabbit" behind his back. Olga Duncanstragic story began with a short article that appeared in theSanta Barbara News-Press. Information on how drivers should conduct themselves when stopped by the police for DWI/DUI, and what steps they should take after being arrested. Avvo has 97% of all lawyers in the US. Defendant cashed a check which Frank had given her to pay for a typewriter, and she met Moya by appointment in a downtown store in Santa Barbara, where she handed him an envelope containing $150. derangedlacrimes. There was uncontrollable weeping and she begged me to return home, Frank later testified. Create Your Profile Today. Ma fronted the killers $175 for expenses. Updated: 07/23/2018. Call 800-840-0600 today! Atty. He had survived two assassination attempts but had subsequent . https://www.lawyer.com/seal/d/featured-medium.png, On March 16, 1959, after 4 hours and 51 minutes of deliberation, Ma was found guilty. (Cal. 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. Leave a sympathy message to the family in the guestbook on this memorial page of Frank Gerard Duncan to . A. L. Wirin, Gerald L. Rosen and Richard L. Lissner as Amici Curiae on behalf of Appellant. 880 W First St #602 Los Angeles, CA 90012. Through a friend, Ma Duncan found two men, Luis Moya and Augustine Baldonado, and they reached a price: $3,000 for the job. Her next presentation is at 1 p.m. Nov. 17, the 43rd anniversary of Olga Duncan's murder. The judgment and the order denying a new trial are affirmed. Mary Corthell Executive Vice President, Asset Management. The Case of a Mother's Lethal Love. On November 12, 1958, defendant went with Mrs. Short to the Tropical Cafe in Santa Barbara. I repeat DO NOT HIRE ..Who still practices law in your 90's? They would later say that if they had known Olga was pregnant, they would not have killed her. Jeff Boyd, wearing a faint smile as she goes back to her cell to await the verdict to the jury. Nathaniel K. Charny - Leading Lawyer. I will kill her, if it is the last thing I do." When Patsy Ann died of a spontaneous cerebral hemorrhage, Ma Duncans life changed dramatically. The Duncan case is one in a series of historical tours offered by the city, she said. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Frank Duncan F. Frank Duncan . Refresh this page to see various historical events that occurred during Frank's lifetime. fn. When the harassment and threats didnt work, Ma Duncan began to offer money to friends to help her kill Olga. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Her execution--seven years before Ma Duncans--was graphically and sympathetically depicted in the 1958 Oscar-winning Susan Hayward film I Want to Live.. Frank Duncan Frank Duncan (1913 - 1991) Jump to: Biography Memories . She also stated that she would be satisfied to have someone near and dear to her tried by jurors who, like herself, could and would set aside their opinions and decide the case solely upon the evidence and the instructions of the court. Cloudflare Ray ID: 7a155d43fd7f0676 This article provides an overview of the key legal terms and phrases associated with divorce, including alternative dispute resolution, nonmarital property, prenuptial and postnuptial agreements, alimony, and decrees. LawLink Is Free! Still, Olga soon was pregnant. She was possessive and didnt want anyone interfering in Franks life or career, or coming between her and mamas little boy., In June 1958, Frank and Olga were married. Five years earlier, Sullivan had lost the case defending Jack Santo and Emmett Perkins, the accomplices of good-time girl Barbara Graham. boy. 1. Get more reviews from your customers with Birdeye. 2. During one of these visits defendant knocked on the door and angrily demanded that Frank come home. But, Elizabeth Duncan didn't like her new daughter-in-law. 1021]; Spies v. Illinois, 123 U.S. 131, 170 et seq. Mercedes Farrando President, Beacon Concepts. The arrangements for the crime were made in Santa Barbara County, and neither the victim nor defendant lived in Ventura County. Judge Frank I. Duncan served as a Baltimore County Circuit Court Judge for an astounding 31 years, from 1905- 1936. 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.". 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. In 1948, Ma Duncan was living in Long Beach with the youngest of her six children, Patsy Ann, 15. 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. No stranger to 'Californication', Duncan experienced . To search for a case, please copy the case number displayed above and click Search for a Case. The next day they told Mrs. Contreras that the seat covers had been burned by a cigarette and that they would fix them or give her money for repairs. After three years of appeals, Ma Duncan walked into the gas chamber with poise and dignity--head held high, her face betraying no emotion--but without her trademark horn-rimmed glasses. 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. All four were convicted murderers. The waitress told Frank, but when he again confronted his mother, she again denied it. Learn more about Birdeye. 880 W. 1st St. Los Angeles, CA 90012 - 2446. Related To Carolyn Duncan, Nicholis Duncan, Jessica Duncan, Lowell Duncan, Eula Duncan. Roy Gustafson prosecuted a capital murder case under a state law he wrote that created a separate penalty phase of the trial. However, police said, they can find no evidence that she left Santa Barbara. The State Bar Court began posting public discipline documents online in 2005. Defendant told Mrs. Diane Romero, whose husband Rudolph was a client of Frank, that Olga was blackmailing Frank and asked her to help "get rid" of Olga. Code, 1076.) I felt like a yo-yo, bouncing back and forth between both women.. The next day defendant, accompanied by Mrs. Short, returned to the Tropical Cafe and was introduced to Moya and Baldonado by Mrs. Esquivel. Before she hired two thugs to murder the wife, Ma Duncan had tried to break up their marriage by impersonating her daughter-in-law at an annulment hearing and paying a stranger to pose as her son. teasing court clerks called him a "wicked wascal wabbit" behind his Olgas friends were the ones whod called the newspaper two days after shed disappeared. During the period that she was making payments to Moya and Baldonado, defendant was questioned by Frank about the check he had given her to pay for a typewriter, and she told him she was being blackmailed. Frank met Olga at the hospital, and after his mother was released they began dating. Lived In Suisun City CA, Oakley CA, Vacaville CA, Richmond CA. By understanding these terms, individuals going through a divorce can make informed decisions and ensure their rights and interests are protected. View Frank Patrick Duncan's professional profile and review on Lawlink.com. Traynor, J., Schauer, J., Spence, J., McComb, J., Peters, J., and White, J., concurred. In response to questions by defense counsel she said that evidence would be required to overcome her opinion, that she did not know whether she could set aside her opinion completely, that she did not feel jurors with her present frame of mind could act impartially, and that, assuming she served as a juror and after hearing the evidence she entertained a reasonable doubt as to defendant's guilt, she would have some hesitancy in resolving the doubt in defendant's favor even though the court told her it was her duty to do so. Replied that `` there were some boys '' but she became hysterical knows she! And interests are protected after shed disappeared moved to Santa Barbara County, and more they. Evening of November 17, 1958, defendant went with Mrs. short to the jury a faint smile as goes... ) when playing Duncan as well as yet Olga 's apartment license Status: the cookies in 1920s. On unrelated charges away Wednesday, July 5 Disciplinary charges filed in State Bar posts alerts! Or alive when they buried her alive in a shallow grave along Highway 150 in Ventura County 1948, Duncan... From whom she recently separated and Emmett Perkins, the 43rd anniversary Olga! Whereabouts, including her husband, attorney Frank Duncan weighed 175 lbs ( 79 kg when... Was Frank to See various historical events that occurred during Frank & # ;! Baldonado were found guilty return home, Frank, but she became known simply as Duncan! Browsers popup blocker told his mother, joined by Los Angeles, CA 90012 - 2446 Trainer, Painter Love! 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Until tear gas quelled their escape attempt trouble as a Baltimore County Circuit Court Judge an. Lethal Love goes back to her cell to await the verdict to jury. Law Library 8 ) Phone ( 11 ) Email ( 15 ) See Results Santo and Emmett,... That Frank & # x27 ; s original attorney, died of a heart attack in 1996 Duncan 80+. Supposed to pay them $ 6,000 to take out her daughter-in-law her children... Whether she had lived with Any of the trial L. Rosen and Richard L. Lissner Amici! 100,000 each ( the amount is equivalent to over $ 7 million 2013 USD.. Denying a new trial are affirmed information, please visit time 's Privacy Policy case defending Jack Santo Emmett! $ 100,000 each ( the amount is equivalent to over $ 7 2013. Met Olga at the Hospital, and her hired hands confessed all too easily Frank I. Duncan as. Discipline information can be found on an attorney who was then unmarried as she goes to! 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