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Assault on unexpected victims is permitted based on thin evidence

People v. Felix (2009) , Cal.App.4th,  Second Dist., Apr. 16, 2009
Def is violent drunk.  He smacks girlfriend on head with pistol and takes her home, then calls her aunt to take girlfriend to hospital for bleeding scalp wound.  He is paranoid and calls and accuses aunt and girlfriend of going to cops.  He threatens to [...]

1108 evidence allowed in murder during course of uncharged rape

People v Story (2009)  California Supreme Court, S161044, April 9, 2009
Victim is raped and strangled to death in 1976. Def is a suspect, but, apparently not charged.  In 2002, Def is finally charged with offense, although, it is not based on any new science (DNA).  Since 1976, Def makes admissions to various ex-wives and commits [...]

Aider/Abbettor relative liability may be greater or lesser - CALCRIM 400 is confusing

People v. Samaniego (2009) , Cal.App.4th  Second Dist., Apr. 6, 2009
Affirms aider abbettor can be guilty of greater OR lesser crime than actual shooter and CALCRIM 400 is suspect. 3 LA gangbangers and tweakers convicted of multiple murder and gang enhancements and get LWOP.  No eyewitneses to shooting and unable to say which specific Def [...]

Upper term allowed without jury and without usual exception-lack of jury harmless error!

People v. Curry (2007) , Cal.App.4th [No. C052801. Third Dist. Dec. 31, 2007
4 defendant case - 1 cuts deal.   Victim is 32 wks pregnant w/1 def kid.  Def does not want kid and they break up.  Def new girlfriend calls victim and makes threats.  Victim offers to help def with money.  Defs make plan to [...]

Instructional error results in reversal of 2d degree murder

People v. Le (2007) , Cal.App.4th [No. H030808. Sixth Dist. Dec. 27, 2007
Vietnamese Def kills wifes lover after lengthy affair.  Def learns wife having affair. He confronts wife and they make up and she promises fidelity.  Later she resumes affair and Def believes victim/lover is gang member with ability to hurt him.   Efforts at reconciliation [...]

LWOP Def lacks standing to make cruel-unusual punishment challenge to special circ; other grab bag of issues denied

People v. Campos (2007) , Cal.App.4th [No. B191256. Second Dist., Div. Two. Nov. 14, 2007
Def convicted of multiple murders with drive by special and various gun enhancements. Def also convicted of attempt murder on surviving victim.  Def gets multiple LWOP sentences.   The surviving victim ID’s def.  The murder weapon is found on Def and he makes [...]