hedayat eslaminia girlfriend

Stay up-to-date with FindLaw's newsletter for legal professionals. Thirty-five years after the club’s formation, there is much more to … Start-up funding was obtained by soliciting the members' various wealthy friends and relatives, and a portion was used to obtain elegant townhomes and imported cars for members' use. So too, Baniaman contradicted Karny's testimony that Eslaminia had given the Colonel opium in exchange for information about Hedayat's habits and travel plans that would facilitate the kidnapping. Rather, he claimed that in fact he did not believe Hedayat had great wealth, and so had no motive to participate in the kidnapping scheme. While this may or may not be this case, we find the brief laudatory reference of little consequence, in that the cousin was a minor witness and testified to nothing of importance. As Presiding Justice Kline of the California Court of Appeals observed in an unpublished opinion dissenting from that court's decision to deny Eslaminia's claim of prejudice, "[i]t is difficult to imagine any extra-judicial evidence that would not in some sense prove `cumulative' under . First, Ali referred to his cousin, who testified at trial, as a "good guy" and a "good businessman." 1996) compels automatic reversal for structural error. As a result of the details Karny thereafter provided about BBC activities, Eslaminia and Dosti were arrested and charged in connection with Hedayat's death. Following the verdict, Eslaminia's lawyers learned that the jury had also listened to the reverse side of the tape, which contained comments made by Eslaminia's brother, Ali Eslaminia ("Ali"), also recorded during an interview with a police officer. § 2254, challenging his 1988 conviction for conspiracy to commit grand theft and kidnapping, kidnapping for extortion and second degree murder. BAD GOOD. As a threshold matter, Eslaminia claims that the jury's consideration of the tape is a "structural error," requiring automatic reversal and a new trial. Dosti learned that Eslaminia was the son of an allegedly wealthy immigrant, Hedayat Eslaminia (“Hedayat”), a former Iranian government official who had fled to the U.S. after the fall of the Shah. hedayat - single man seeking a woman in Ghazni, , Afghanistan. After leading investigators to Hedayat's body, Karny was granted broad immunity. 1. Doesn't cry, he's not going to cry over something like my Dad especially, not that guy." (this) definition.". In the fall of 1984, several BBC members informed police that Hunt had murdered Levin. Ali expressed to the police that he thought his father would “probably yell and scream if they're trying to drag him off.”   This supported Karny's trial testimony that he heard shrieks during Hedayat's abduction, and enhanced Karny's overall credibility. The Exclusion of Possibly Exculpatory Evidence. Dickson v. Sullivan, 849 F.2d 403, 406 (9th Cir. The tape, with the interview recorded on one side only, was admitted into evidence, and was physically taken by jurors into the jury room during deliberations. § 2253. In the fall of 1984, several BBC members informed police that Hunt had murdered Levin. From 1880 to 2018 less than 5 people per year have been born with the first name Hedayat. In case of any confusion, feel free to reach out to us.Leave your message here. Some of Ali's other remarks, while perhaps less prejudicial, nevertheless should be considered to have had a "substantial and injurious" effect. Under these circumstances, Ali's comments can not be considered harmless, but must be viewed as having a "substantial and injurious effect or influence in determining the jury's verdict." Jeffries v. Wood, 114 F.3d 1484, 1491 (9th Cir. at 1716..  See also Lawson v. Borg, 60 F.3d 608, 613 (9th Cir.1995) (material extrinsic evidence ruled not cumulative when evidence introduced at trial was far from conclusive). 1984 Jun 30, Hedayat Eslaminia, a former government official under the Shah of Iran, disappeared … Although a prosecution witness at trial, Baniaman provided much testimony vital to the defense. Clothing (Brand) Community See All. The prosecution case was far from overwhelming, as evidenced by the fact that the jury took 10 days to deliberate, repeatedly questioned the trial judge about the law and requested the rereading of testimony, and ultimately acquitted Eslaminia on the charge of conspiracy to murder and the lesser offense of solicitation of another to commit the crime of kidnapping. Errors that do not have a “substantial and injurious effect” on the trial's outcome are deemed harmless. At trial, the prosecution introduced a tape recording of an interview with Eslaminia, conducted by police. In addition, during the taped interview Ali vehemently attacked the character of Colonel Aliakbar Baniaman, Hedayat's close friend, business associate, and prosecution witness. . COUNSEL 0 Profile Searches. Bonin v. Calderon, 59 F.3d 815, 824 (9th Cir. As a threshold matter, Eslaminia claims that the jury's consideration of the tape is a “structural error,” requiring automatic reversal and a new trial. Hedayat Eslaminia, Rezas Vater, war iranischer Staatsbürger, dem die Vereinigten Staaten … In sum, it is clear that the taped interview contained substantial material that strongly supported the prosecution and seriously undermined the defense. BBC's financial affairs deteriorated dramatically after the Levin murder. We recommend using Soon after the party, Hunt, Karny, Pittman and Dosti concocted a plan to extort money from Hedayat. Much of the damage to the defense might have been mitigated had there been an opportunity to cross examine Ali at trial. Third, Baniaman directly contradicted Karny's testimony to the effect that Eslaminia had telephoned Baniaman in an attempt to get information about Hedayat in preparation for the kidnapping. Instead, Ali was effectively allowed to “testify” to the jury in a completely unfiltered fashion, without the presence of the judge or counsel. Sharp suits. There the trial judge intentionally allowed 14 incriminating tapes containing conversations with the defendants themselves into the jury room. Reza ESLAMINIA, Petitioner-Appellant, v. Theo WHITE, Respondent-Appellee. As to the state's second argument, this court has recognized that a jury's consideration of extrinsic evidence may be harmless if the evidence is merely cumulative of other evidence adduced at trial. BAD 1 - 2 POOR 2 - 3 FAIR 3 - 4 GOOD 4 - 5. Merely because some evidence lending credibility to this theory was properly introduced at trial does not mean that the specific, novel details provided by Ali should be considered harmless. . We reject this contention, instead evaluating the consideration of the extrinsic evidence under the harmless error standard applied to “trial errors.”   Structural errors are relatively rare, and consist of serious violations that taint the entire trial process, thereby rendering appellate review of the magnitude of the harm suffered by the defendant virtually impossible. We have jurisdiction under 28 U.S.C. He claimed that he was shocked when Hunt informed him of Hedayat's death, and participated in the search for his father's assets only because Hunt threatened to … First, Baniaman contradicted the prosecution's theory that Eslaminia and Hedayat hated each other. hedayat is a member of Vimeo, the home for high quality videos and the people who love them. He claimed that he was shocked when Hunt informed him of Hedayat's death, and participated in the search for his father's assets only because Hunt threatened to … 1557 (1946)). Karny testified at trial that appellant was an active participant in the plan. . At trial, the prosecution introduced a tape recording of an interview with Eslaminia, conducted by police. Because the report was an almost exact duplicate of the properly admitted testimony, it could not have prejudiced the verdict. 749 (1927);  and the unlawful exclusion of members of the defendant's race from a grand jury, Vasquez v. Hillery, 474 U.S. 254, 106 S.Ct. See actions taken by the people who manage and post content. The California Court of Appeals upheld the conviction, as did the district court, denying Eslaminia's petition for habeas corpus. denied, 522 U.S. 1008, 118 S.Ct. The district court's decision to deny Eslaminia's petition for habeas corpus is reviewed de novo. By impugning Baniaman's character and thus his credibility, Ali's comments may very well have caused the jury to doubt these important elements of Baniaman's testimony helpful to the defense. Structural errors are relatively rare, and consist of serious violations that taint the entire trial process, thereby rendering appellate review of the magnitude of the harm suffered by the defendant virtually impossible. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. He was almost acquitted, but the jury was deadlocked. He also argues that the district court's decision to suppress potentially exculpatory evidence deprived him of a fair trial. However, a key element of Eslaminia's defense was that although he had told Hunt and other BBC members that his father was wealthy (ostensibly in order to curry favor with the group), he actually knew that Hedayat had lost his property when the Shah fell from power and was relatively poor. The California Court of Appeals upheld the conviction, as did the district court, denying Eslaminia's petition for habeas corpus. Women Economic Forum (WEF) fosters conversations, community, connections and collaborations among women worldwide. The quantity of the extrinsic evidence and its incriminating character made it impossible for the reviewing court to determine the impact on jurors. We reject this contention, instead evaluating the consideration of the extrinsic evidence under the harmless error standard applied to "trial errors." Such violations include the total deprivation of the right to counsel, Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 1603reza Eslaminia, Petitioner-appellant, v. Theo White, Respondent-appellee, 136 F.3d 1234 (9th Cir. Hunt and Karny were introduced to Eslaminia at a party on July 7, 1984. 1984 Apr 22, Ansel Adams (b.1902), US photographer, died in Monterey, Ca. 128+5 sentence examples: 1. Eslaminia also denied Karny's version of the actual kidnapping, and insisted that he had not participated but had instead spent the weekend at his girlfriend's home. Rate Hedayat. Instead, Ali was effectively allowed to "testify" to the jury in a completely unfiltered fashion, without the presence of the judge or counsel. 1995). . He also argues that the district court's decision to suppress potentially exculpatory evidence deprived him of a fair trial. Internet Explorer 11 is no longer supported. California state prisoner Reza Eslaminia appeals the denial of his petition for writ of habeas corpus under 28 U.S.C. . Not every constitutional error, however, is grounds for reversal. Eslaminia also denied Karny's version of the actual kidnapping, and insisted that he had not participated but had instead spent the weekend at his girlfriend's home. Eslaminia argues that the jury's consideration of an audio tape containing a police interview of his brother — which was not admitted into evidence — had substantial influence on the jury's decision to convict. Edit Profile. The prosecution decided to dismiss the charges … Joe with his girlfriend's father, film producer Bobby Roberts, during the Billionaire Boys Club days, Joe with his sister Katherine and her daughter. Noushfar, however, was a very different case than the present one. Here no such precise match between the extrinsic and admitted evidence exists. Jury consideration of the report was deemed cumulative and harmless, however, because one witness' testimony was an “almost word for word verbatim” recital of the information in the police report. Accordingly, we vacate the district court's denial of Eslaminia's petition and remand the case with instructions that he be given a new trial. Lock. As the foregoing discussion makes clear, the state's contention that Ali's comments were relatively innocuous and could not have been interpreted by the jury as either prejudicial to the defense or determinative of its verdict is without merit. Hedayat Eslamina, 90 Hillsborough, CA. Because we find that the jury's consideration of the tape had a substantial and injurious effect, we do not reach Eslaminia's claims regarding the suppression of exculpatory evidence by the trial court. The jury obviously had doubts about either the prosecution's theory, Karny's testimony, or both. Eager to tap into these supposed family resources, the BBC set out to recruit Eslaminia to work on the group's projects. They also rented a "safe house" where Hedayat could be hidden, as well as a truck and delivery uniforms to be used in the abduction. Somewhere in route, Hedayat died. For instance, several witnesses testified that Eslaminia and Hedayat had a contentious relationship and fought over money, therefore supporting the prosecution's theory of motive. 437, 71 L.Ed. § 2253. Definitie Hedayat - afla ce inseamna Hedayat si toate sensurile acestui cuvant din dictionarul explicativ al limbii romane - DexOnline.Net Errors that do not have a "substantial and injurious effect" on the trial's outcome are deemed harmless. He claimed that he was shocked when Hunt informed him of Hedayat's death, and participated in the search for his father's assets only because Hunt threatened to … Acting as his own defense, Joe Hunt was acquitted in Hedayat Eslaminia's death, although he did receive life in prison without possibility of parole for Ron Levin's murder. info); February 17, 1903 in Tehran – April 9, 1951 in Paris) was an Iranian writer, translator and intellectual.Best known for his novel The Blind Owl, he was one of the earliest Iranian writers to adopt literary modernism in their career. Instead, Ali was effectively allowed to "testify" to the jury in a completely unfiltered fashion, without the presence of the judge or counsel. However, no additional deposits were ever located. Before it was a movie, originally back in in 1987 (starring Judd Nelson) and now in 2018 (starring Ansel Elgort, Kevin Spacey, and Aaron Egerton), it was a very true story. Noushfar, however, was a very different case than the present one. Get 2 points on providing a valid reason for the above While the tale of the Eslaminia family's immigration to the U.S. was offered merely as incidental background information at trial, Ali's direct impeachment of Eslaminia's version of events casts doubt upon the latter's overall credibility. He doesn't get teary, man ․ Doesn't cry, he's not going to cry over something like my Dad especially, not that guy.”   Ali also accused Baniaman of lying about other matters related to Hedayat's disappearance. This supported Karny's trial testimony that he heard shrieks during Hedayat's abduction, and enhanced Karny's overall credibility. Before confirming, please ensure that you have thoroughly read and verified the judgment. We hold that the tape recording, which bore on the credibility of key witnesses, was prejudicial because in this case their credibility was the central issue. 617, 88 L.Ed.2d 598 (1986).By contrast, jury consideration of taped comments by a non-testifying party raises discrete evidentiary issues that the court may clearly identify and analyze, and is similar to other commonly-recognized trial errors. 1565, 1570, 36 L.Ed.2d 208 (1973) (harmless error analysis applies to the admission of an out-of-court statement by a nontestifying codefendant).Nevertheless, Eslaminia argues that this court's decision in United States v. Noushfar, 78 F.3d 1442 (9th Cir.1996) compels automatic reversal for structural error. Hedayat. The state counters that all of Ali's comments are so insignificant or undeserving of the pernicious meaning attributed to them by Eslaminia that they may be safely deemed harmless or, alternatively, that the comments are duplicative or cumulative of evidence properly admitted at trial. As to the state's second argument, this court has recognized that a jury's consideration of extrinsic evidence may be harmless if the evidence is merely cumulative of other evidence adduced at trial. At the same time, however, Dosti became acquainted with the appellant, Reza Eslaminia. 1239, 1253, 90 L.Ed. The district court's decision to deny Eslaminia's petition for habeas corpus is reviewed de novo. In June, 1984, Hunt and another BBC member, Jim Pittman, killed Levin and disposed of his body in a remote area north of Los Angeles. Er prahlte damit, dass sein Vater ein reicher Sack sei, der sich im Iran mit Opiumhandel eine goldene Nase verdient habe. Because the report was an almost exact duplicate of the properly admitted testimony, it could not have prejudiced the verdict. 1998) case opinion from the US Court of Appeals for the Ninth Circuit The jury obviously had doubts about either the prosecution's theory, Karny's testimony, or both. After the party, Hunt told Karny that Eslaminia had described his father as very wealthy, but also complained that Hedayat had cut him off from the family fortune. Ali's comments directly impeach this crucial pillar of the defense, as they demonstrate that at least one close family member did believe that Hedayat had great hidden wealth, and reinforce the prosecution's contention, supported by Karny's testimony, that Eslaminia believed so as well. These witnesses were fully subject to cross-examination. It is clear that the jury's consideration of the tape is a serious error of constitutional dimensions. According to Baniaman, the final time he received a call from Eslaminia was nearly a month prior to the kidnapping — before Eslaminia had even met Hunt or Karny at the BBC party. See Delaware v. Van Arsdall, 475 U.S. 673, 674, 106 S.Ct. The oldest recorded birth by the Social Security Administration for the name Hedayat is Tuesday, October 31st, 1922. Finally, Baniaman provided a general endorsement of Eslaminia's character, testifying that he loved the younger man as a son, emphasizing that Eslaminia was always welcome in his home. He also argues that the district court's decision to suppress potentially exculpatory evidence deprived him of a fair trial. B. An early BBC investor was Ron Levin, a southern California resident, who promised in July 1983 to advance several million dollars, to be invested by Hunt. She begged for the return of her kidnapped baby. He testified that he believed the two had a fairly normal father-son relationship. In June, 1984, Hunt and another BBC member, Jim Pittman, killed Levin and disposed of his body in a remote area north of Los Angeles. Under these circumstances, Ali's comments can not be considered harmless, but must be viewed as having a “substantial and injurious effect or influence in determining the jury's verdict.”  Brecht, 507 U.S. at 627, 113 S.Ct. Hunt reacted to this news by devising an elaborate scheme to extort money from and kill Levin. In a trial that, in essence, was a credibility contest between prosecution witnesses and Eslaminia, such impeachment may be decisively prejudicial.2. 898 F.2d at 701. According to Karny, BBC members and Eslaminia traveled to Belmont, California, to kidnap Hedayat on July 30, 1984. Dosti learned that Eslaminia was the son of an allegedly wealthy immigrant, Hedayat Eslaminia ("Hedayat"), a former Iranian government official who had fled to the U.S. after the fall of the Shah. BBC was bound together by a theory of Hunt's known as the “paradox philosophy,” which sanctioned lying, cheating and stealing as necessary and acceptable means to achieve personal and professional goals. 898 F.2d at 701. The state counters that all of Ali's comments are so insignificant or undeserving of the pernicious meaning attributed to them by Eslaminia that they may be safely deemed harmless or, alternatively, that the comments are duplicative or cumulative of evidence properly admitted at trial. Here no such precise match between the extrinsic and admitted evidence exists. Those charges were dropped after jurors deadlocked on the allegation that he and others killed Hedayat Eslaminia, a wealthy Iranian-born businessman, in July 1984. As a result of the details Karny thereafter provided about BBC activities, Eslaminia and Dosti were arrested and charged in connection with Hedayat's death. On collateral review, we must determine whether the constitutional error “had substantial and injurious effect or influence in determining the jury's verdict.”  Brecht v. Abrahamson, 507 U.S. 619, 627, 113 S.Ct. They also rented a “safe house” where Hedayat could be hidden, as well as a truck and delivery uniforms to be used in the abduction. For the foregoing reasons, we vacate the district court's denial of the writ of habeas corpus and remand with instructions to enter an order stating that Eslaminia is entitled to a new trial. As a result, he had no motive to kidnap, extort and murder him. Brecht v. Abrahamson, 507 U.S. 619, 627, 113 S. Ct. 1710, 1716, 123 L.Ed.2d 353 (1993) (quoting Kotteakos v. United States, 328 U.S. 750, 776, 66 S. Ct. 1239, 1253, 90 L.Ed. Third, Baniaman directly contradicted Karny's testimony to the effect that Eslaminia had telephoned Baniaman in an attempt to get information about Hedayat in preparation for the kidnapping. See also Lawson v. Borg, 60 F.3d 608, 613 (9th Cir. Hunt disposed of the body by dumping it outside Los Angeles and then attempted to salvage the plan to grab Hedayat's assets by having Eslaminia named conservator of the estate. For instance, in Hughes v. Borg, 898 F.2d 695 (9th Cir.1990), the jury reviewed an unadmitted police report detailing a phone call by an anonymous informant, who relayed to officers that one of the defendant's relatives had told him that the defendant had confessed to the charged offenses, kidnapping and murder. Much of the damage to the defense might have been mitigated had there been an opportunity to cross examine Ali at trial. For instance, in Hughes v. Borg, 898 F.2d 695 (9th Cir. i hayatullah 22 years old and single love all kind girls Jahangir Hedayat and Sima Hedayat (nephew / niece of Sadegh H.) have published own short stories, respectively poetry, not to talk about other members that dispose about fascinating literary and poetical skills, but prefer to present their oeuvres privately. 1431, 1433, 89 L.Ed.2d 674 (1986) (holding that restrictions on a defendant's right to cross examine witnesses for bias reviewed for harmless error);  Brown v. United States, 411 U.S. 223, 231-32, 93 S.Ct. BBC members engaged in extensive preparatory work to this end, traveling to northern California to conduct reconnaissance of Hedayat's apartment complex. As Presiding Justice Kline of the California Court of Appeals observed in an unpublished opinion dissenting from that court's decision to deny Eslaminia's claim of prejudice, “[i]t is difficult to imagine any extrajudicial evidence that would not in some sense prove ‘cumulative’ under ․ (this) definition.”. First, Ali referred to his cousin, who testified at trial, as a “good guy” and a “good businessman.”   Eslaminia argues that this supported the cousin's character and lent credence to his testimony. Karny, fearful that he would be implicated along with Hunt, contacted police and agreed to testify against the BBC leader and other members. Such violations include the total deprivation of the right to counsel, Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L.Ed.2d 799 (1963); the presence of an impartial judge, Tumey v. Ohio, 273 U.S. 510, 47 S. Ct. 437, 71 L.Ed. 1988). A story so remarkable, and such an indictment of the greed, excess materialism, it could only have happened in L.A. during the 80’s. 480, 70 L.Ed.2d 251 (1981). Ali told police he distrusted Baniaman, and that the Colonel had "ripped off" his father many times. Hunt disposed of the body by dumping it outside Los Angeles and then attempted to salvage the plan to grab Hedayat's assets by having Eslaminia named conservator of the estate. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Ali was not. 2. Living and socialising in such an environment, it is not … Ali's interview had not been admitted into evidence, and Ali did not testify at trial. Ser v. 1143, 98 Daily Journald.a.r. Ali disparaged Baniaman's tearful reaction to Hedayat's disappearance, noting that “I know this guy. The trunk was placed in a moving van and driven to Los Angeles. 98 Cal. [16] DISCUSSION [17] A. After leading investigators to Hedayat's body, Karny was granted broad immunity. BBC lawyers obtained a court order to that effect, and with Eslaminia's help attempted over several months to locate and seize Hedayat's assets. Therefore, the remarks describing Ali's living conditions can not be said to have had a “substantial or injurious effect.”. Daily Op. While the tale of the Eslaminia family's immigration to the U.S. was offered merely as incidental background information at trial, Ali's direct impeachment of Eslaminia's version of events casts doubt upon the latter's overall credibility. Zodiac sign: Capricorn. 586, 139 L.Ed.2d 423 (1997), citing United States v. Bagley, 641 F.2d 1235, 1241 (9th Cir. According to Karny, the prosecution's primary witness, they approached Eslaminia with a plan to abduct his father, coerce him into transferring assets which would be disguised as the fruits of legitimate business transactions, and then kill him. Campbell v. Kincheloe. It is unlikely, however, that the jury would draw such an attenuated inference on its own initiative. Get 1 point on providing a valid sentiment to this In fact, Eslaminia and Dosti traveled to Switzerland in an effort to withdraw money from an account in Hedayat's name. LOS ANGELES, CA — Exotic cars. As a result, father and son were estranged. Therefore, the remarks describing Ali's living conditions can not be said to have had a "substantial or injurious effect.". See Delaware v. Van Arsdall, 475 U.S. 673, 674, 106 S. Ct. 1431, 1433, 89 L.Ed.2d 674 (1986) (holding that restrictions on a defendant's right to cross examine witnesses for bias reviewed for harmless error); Brown v. United States, 411 U.S. 223, 231-32, 93 S. Ct. 1565, 1570, 36 L.Ed.2d 208 (1973) (harmless error analysis applies to the admission of an out-of-court statement by a non-testifying codefendant). Under such a definition of cumulative, the jury's consideration of any extrinsic evidence that supports a broad prosecution theory would be deemed harmless as long as some evidence also supporting the theory had been properly introduced. So too, Baniaman contradicted Karny's testimony that Eslaminia had given the Colonel opium in exchange for information about Hedayat's habits and travel plans that would facilitate the kidnapping. Eslaminia also claims that two other comments Ali made on the tape must be considered prejudicial. The Exclusion of Possibly Exculpatory Evidence. Nevertheless, Eslaminia argues that this court's decision in United States v. Noushfar, 78 F.3d 1442 (9th Cir. Only two sons of Mokhber-ol Douleh II., Fahim-ol Douleh and Nasr-ol Molk, choose the name 'Kamal-Hedayat' for themselves and their descendants. BBC was bound together by a theory of Hunt's known as the "paradox philosophy," which sanctioned lying, cheating and stealing as necessary and acceptable means to achieve personal and professional goals. Brecht, 507 U.S. at 627, 113 S. Ct. at 1716. Eslaminia was convicted in California state court in August, 1987, and sentenced to life imprisonment without possibility of parole. Dickson v. Sullivan, 849 F.2d 403, 406 (9th Cir.1988). The girlfriend then told her encounter with Reza to the police who told the FBI. 3. 234 Followers, 256 Following, 22 Posts - See Instagram photos and videos from Hedayat Hashemifar (@hedayat_na) For instance, in Hughes v. Borg. However, a few months later, Levin admitted that his business dealings with BBC were fraudulent and the millions illusory. Hedayat Eslamina's Reputation Profile.

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