People v. Valenzuela (2009) , Cal.App.4th Second Dist. Apr. 7, 2009
Only issue is whether $300 290.3 fine is appropriate. It wasn’t. Whoopie.
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People v. Samaniego (2009) , Cal.App.4th Second Dist., Apr. 6, 2009 People v. Dawson (2009) , Cal.App.4th First Dist. Apr. 2, 2009 Def is drunk boat driver. Drunk Victim jumps off back of boat when Def goes in reverse and victim is killed. Def charged with ‘vessel manslaughter’. No holding order at PX is appealed by People. Court reverses and remands saying magistrate incorrectly analyzed causation issues. Narrow view is since drunk victim is dangerously close to rear of boat, Def captain was negligent in backing up with victim in that location, and since this is PX - should get past holding order. Continue reading Causation broadly interpreted in drunk boat case HARBISON v. BELL, WARDEN, U.S. Supreme Ct., April 1, 2009 Appointed federal counsel on the habeas in this Tennessee DP case wants to do State clemency proceedings after State court refuses to appoint state counsel on those proceedings. Federal court denies request to expand federal counsel role to clemency proceedings. US Supremes say she should be appointed. Continue reading Appointed federal counsel may represent client in state clemency proceedings RIVERA v. ILLINOIS, US Supremes, Illinois No. 07-9995, March 31, 2009 Def convicted of 1st Deg murder in Illinois. He exercises premptory against woman, after 2 previous women challenges. Does not overcome Batson challenge - i.e. no independent basis for challenge in the record and Batson challenge allowed. Also, no other basis for challenge for cause as to her or any other seated juror. Court denial of premptory on Batson was wrong, however this is harmless error, and not structural inasmuch as there is no constitutional basis for anything other challenges for cause, not premptory. Moreover, Court says making good faith judge error reversible would tend to discourage vigorous enforcement of Batson challenges. People v. Chun (2009) , Cal.4th Cal Supremes Mar. 30, 2009 People v. Ramirez (2009) , Cal.App.4th Fourth Dist., Div. Three. Mar. 30, 2009. Continue reading Gang enhancements stick to gang member selling drugs People v. Bermudez (2009) , Cal.App.4th First Dist., Div. Five. Mar. 27, 2009 Def seeks determination of to have arrest records sealed under PC 851.8 approx 3 years after dismissal of action. Def submits multiple letters confirming job denials, and says he didnt know he would have problem and thats why he delayed. Some of denials were within 2 year limitations period. If good cause is shown, delay past 2 years can be allowed. Court declines based on 2 yr limitation statute requiring filing within 2 years of arrest or filing of complaint and finds lack of good cause for delay. Appeals court affirms. People v. Pierce (2009) , Cal.App.4th Third Dist. Mar. 24, 2009 Only appeal issue here is whether trial court screwed up by cutting off Def in middle of his ‘abiding means permanent’ argument. DA got to say abiding means you just feel that way now. So? Court concludes Jurors arent children they know how they feel and they know what’s reasonable. Especially when they convict someone. Continue reading Reasonable doubt does not require explanation - abiding does not equal permanent People v. Uecker (2009) , Cal.App.4th Third Dist. Mar. 24, 2009 Def convicted of 2 stalking counts with prior strikes gets 50-life. On appeal he complains of insufficiency of evidence, admission of testimony about prior bad acts and failure to grant Romero. Although no real threat by Def, he was incredibly creepy, and he was bad before. Appeal court affirms on all issues. Continue reading Stalking conviction based on being creepy rather than credible threat |
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