May 2012
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Denial of severance results in reversal

People v. Earle (2009) , Cal.App.4th Sixth Dist. Mar. 19, 2009
Def charged with misd indecent exposure in strong case and separate event felony sex assault in much weaker ID case.  Court denies all consolidation / severance requests and DA argues indecent exposure conduct as character in sex assault evidence.  Appeal court reverses on improper denial [...]

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 [...]

Murder conviction affirmed-Wheeler-Batson and pros misconduct discussed

People v. Adanandus (2007) , Cal.App.4th [No. A116212. First Dist., Div. Three. Nov. 30, 2007.
Drive by shooting-one dead victim - one wounded.  Def found guilty of murder/att murder and tons of enhancements-including drive by. Def gets LWOP and appeals.  Principal issue is Wheeler-Batson based on 3 challenges of Af-Amer jurors.  Trial court 1st required prosecutor to [...]

Harmless error for prosecutor to mistate malice law during closing

People v. Sun (2007) , Cal.App.4th [No. B194690. Second Dist., Div. Four. Nov. 28, 2007
Def and wife separate and then on again off again.  Def visits-asks to reconcile-wife says no.  Def, fairly drunk, pulls out gun shoots wife, mother-in-law and self, killing only mother in law.  Jury convicts on 2d deg, and premed attempt and [...]

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 [...]