Essay Legal Analysis: People of Oceana v. Samantha Clark

1462 WordsFeb 23, 20146 Pages
TO: Hon. Judge Colcort, Oceana Supreme Court FROM: Kimberly Cromwell, Clerk to Hon. Judge Colcort, Oceana Supreme Court RE: In the Matter of People of Oceana v. Samantha Clark DATE: January 29, 2014 Background of Clark Case Samantha Clark, 45, in 1989, admittedly killed John Clark, after she discovered him in a homosexual act with Neil Brownfield, in plain view of the Clark's two minor children, aged seven and eight respectively. Mrs. Clark, an ordained minister in the Real Life Church of God, and Mr. Clark, an ardent believer, entered into a relationship that they both believed to be a marriage, in 1980. The marriage, according to the custom of the Church, was conducted by traveling to a mountain top and proclaiming that they…show more content…
The penalty for conviction is execution or life imprisonment without possibility of parole at the sole discretion of the judge." Mrs. Clark admitted to killing Mr. Clark. In 1803, the Supreme Court of Oceana, in State v. Salt, provided that a husband may be justified in the taking the life of his wife's paramour if he caught the wife and her lover in the act of committing adultery. This case is not applicable to Clark in that the State does not recognize the Clark's marriage; and the statute applies to the 3rd party, not the marriage partner. In 1960, the Oceana Supreme Court, in State v. Fenny, refused to the extend the 1803 statute to protect "homosexual marriage". This case is not applicable to Clark because the matter involves a homosexual act not a homosexual marriage. There was no evidence presented of Mr. Clark's estate going to Mrs. Clark, but rather a statement made that Mrs. Clark would receive it. In 1976, the United States Supreme Court, in Gregg v. Georgia, 428 U.S. 153 (1976), Jurek v. Texas, 428 U.S. 262 (1976), and Proffitt v. Florida, 428 U.S. 242 (1976) held that the discretion to impose the death sentence for specific crimes was to be bi-furcated into two separate trials. The first to determine guilt or innocence; the second to determine the aggravating and mitigating factors. The State of Oceana adopted the findings of the U.S. Supreme Court in People v. Wende, 600 P. 2d 1071 (Cal: Supreme Court 1979) In

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