2ND MAN'S APPEAL FAILS IN INVASIONS.Byline: Karen Maeshiro Staff Writer LANCASTER - A state appeals court has upheld the attempted-murder conviction of a Lancaster teenager sentenced to life in prison for two violent home-invasion robberies in which a homeowner and a concerned neighbor were wounded. The 2nd District Court of Appeal rejected claims that Kyrone Blakney, 18, was unconstitutionally denied effective representation because his lawyer failed, for example, to move to suppress Blakney's statements to the police. ``After examining appellant's various claims of ineffective trial counsel, we conclude that appellant A person who, dissatisfied with the judgment rendered in a lawsuit decided in a lower court or the findings from a proceeding before an Administrative Agency, asks a superior court to review the decision. was afforded adequate representation, and we affirm the judgment,'' wrote the judicial author of the opinion from the appellate panel. Co-defendant David Taylor David Taylor or Dave Taylor can be one of several persons: Sports people
An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed. in June. Blakney was sentenced to life in prison in February 2004 after being convicted of attempted murder and burglary in the August 2002 robberies in Lancaster. Jurors deadlocked dead·lock n. 1. A standstill resulting from the opposition of two unrelenting forces or factions. 2. Sports A tied score. 3. 9-3 in favor of not guilty on a murder charge for a fatal roadside holdup attempt earlier the same night in Palmdale. The teen told the jury in his trial that he played no active role in the crimes and went along out of fear of one of his companions, Robert Wayne Klingman III, 21, who was shot to death in a gunbattle with sheriff's deputies after the second home robbery. Schweitzer, a Palmdale resident, was shot late on Aug. 22, 2002, after refusing to hand over his money to a gunman who had stopped his van on 70th Street East near Avenue N. Schweitzer was shot as he tried to drive away from the would-be robber. The home-invasion robberies occurred on Aug. 23 - the first about an hour after Schweitzer's killing. It was still night, and officials said Klingman, Taylor and Blakney used a barbell Barbell A bond investment strategy that concentrates holdings in both very short-term and extremely long-term maturities. This is also known as the "dumbbell" or "barbelling. to shatter shat·ter v. shat·tered, shat·ter·ing, shat·ters v.tr. 1. To cause to break or burst suddenly into pieces, as with a violent blow. 2. a. a rear sliding glass door of a residence on Yaffa Street. The homeowner was shot in the arm. The youths entered another home nearby by shattering its rear sliding glass door. One of the residents ws held at gunpoint while the home was searched, but the three robbers left after one of them heard sirens, authorities said. The three jumped a fence and encountered a neighbor. Klingman ordered the man at gunpoint to the ground and shot him in the legs and buttocks buttocks /but·tocks/ (but´oks) the two fleshy prominences formed by the gluteal muscles on the lower part of the back. , the judicial panel said. Soon after Blakney and Taylor were detained de·tain tr.v. de·tained, de·tain·ing, de·tains 1. To keep from proceeding; delay or retard. 2. To keep in custody or temporary confinement: by deputies, Klingman drove up and opened fire on two deputies, who returned fire. Klingman drove off, fatally wounded, the ruling said. ``It seems apparent that trial counsel did not object to the use of the statements on Miranda grounds because such an objection would have been futile. There is no evidence in this record suggesting a coerced statement or a lack of understanding of the Miranda waiver,'' the ruling author wrote. Karen Maeshiro, (661) 267-5744 karen.maeshiro(at)dailynews.com |
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