No new cases tomorrow

October 27, 2021 Leave a comment

The Cal. Supremes will issue no new cases tomorrow.

No new cases Monday

October 22, 2021 Leave a comment

The Cal. Supremes will issue no new cases Monday.

No new cases tomorrow

October 20, 2021 Comments off

The Cal. Supremes will issue no new cases tomorrow.

No new cases Monday

October 15, 2021 Comments off

The Cal. Supremes will issue no new cases Monday.

No new cases tomorrow

October 13, 2021 Comments off

The Cal. Supremes will issue no new cases tomorrow.

No new cases tomorrow

October 6, 2021 Comments off

The Cal. Supremes will issue no new cases tomorrow.

No new cases Monday

October 1, 2021 Comments off

The Cal. Supremes will issue no new cases Monday

No new cases tomorrow

September 29, 2021 Comments off

The Cal. Supremes will issue no new cases tomorrow.

No new cases Monday

September 24, 2021 Comments off

The Cal. Supremes will issue no new cases Monday.

No new cases tomorrow

September 22, 2021 Comments off

The Cal. Supremes will issue no new cases tomorrow.

No new cases tomorrow

September 15, 2021 Comments off

The Cal. Supremes will issue no new cases tomorrow.

No new cases Monday

September 10, 2021 Comments off

The Cal. Supremes will issue no new cases Monday.

No new criminal cases tomorrow

September 8, 2021 Comments off

The Cal. Supremes will issue no new criminal cases tomorrow.

No new cases tomorrow

September 1, 2021 Comments off

The Cal. Supremes will issue no new cases tomorrow.

Sanchez applies to SVP cases

August 30, 2021 Comments off

Sanchez applies to SVP cases

Walker v. Superior Court

S263588

Contrary to the Court of Appeal’s reasoning,
section 6602, subdivision (a) does not create an exception that
allows hearsay regarding nonpredicate offenses to be introduced
via evaluation reports. What we hold is that nothing in the
statutory language, its legislative history, its place in the
broader SVPA statutory scheme, or comparisons to other
statutory provisions indicates the existence of a hearsay
exception for such hearsay in expert evaluations. Nor does
anything in the SVPA or our case law indicate that the
Legislature — in creating the hearing as a safeguard for SVP
candidates to test the sufficiency of the evidence supporting the
state’s petition and prevent meritless ones from proceeding to
trial — must have created an exception for hearsay on
nonpredicate offenses to be introduced via evaluations. Under
these circumstances, we decline to find that the Legislature
explicitly or implicitly created a hearsay exception in section
6602, subdivision (a), for this evidence

Coming Monday

August 27, 2021 Comments off

Coming Monday from the Cal. Supremes:

WALKER (JEFFREY) v. S.C. (PEOPLE)
S263588 (A159563; San Francisco City and County Superior Court – 2219428, 195198)
Argued in San Francisco 6-01-21
This case presents the following issue: Did the superior court violate the rule of People
v. Sanchez (2016) 63 Cal.4th 665 — that an expert cannot relate case-specific hearsay unless
the facts are independently proved or covered by a hearsay exception — by relying on casespecific hearsay contained in psychological evaluations in finding probable cause to commit
petitioner under the Sexually Violent Predator Act?

DEATH PENALTY AFFIRMED; MODIFICATION OF RULES REJECTED

August 27, 2021 Comments off

DEATH PENALTY AFFIRMED; MODIFICATION OF RULES REJECTED

People v. McDaniel

S171393

In sum, while this court has previously imposed additional
reliability requirements on the jury’s consideration of
aggravating evidence in the penalty phase, we hold that neither
article I, section 16 of the California Constitution nor Penal
Code section 1042 provides a basis to require unanimity in the
jury’s determination of factually disputed aggravating
circumstances.

In sum, having examined our case law and relevant
history, we are unable to infer from the jury trial guarantee in
article I, section 16 of the California Constitution or Penal Code
section 1042 a requirement of certainty beyond a reasonable
doubt for the ultimate penalty verdict.

Coming tomorrow

August 25, 2021 Comments off

Coming tomorrow from the Cal. Supremes:

PEOPLE v. McDANIEL (DON’TE LAMONT)
S171393 (Los Angeles County Superior Court – TA074274-01)
Argued in San Francisco 6-02-21
This matter is an automatic appeal from a judgment of death.

Death penalty reversed: failure to refer client for competency evaluation

August 23, 2021 Comments off

Death penalty reversed: failure to refer client for competency evaluation

People v. Wycoff

S178669

We reverse the
judgment as to both guilt and penalty on the ground that, before
the guilt trial, the court was presented with substantial
evidence of defendant’s mental incompetence — specifically, his
inability, due to mental illness, to consult rationally with
counsel — and therefore the court was obligated to initiate the
competency procedures set forth in sections 1368 and 1369,
which it failed to do

Coming Monday

August 20, 2021 Comments off

Coming Monday from the Cal. Supremes:

PEOPLE v. WYCOFF (EDWARD MATTHEW)
S178669 (Contra Costa County Superior Court – 5-071529-2)
Argued in San Francisco 6-01-21
This matter is an automatic appeal from a judgment of death

No new criminal cases tomorrow

August 18, 2021 Comments off

The Cal. Supremes will issue no new criminal cases tomorrow.

No new criminal cases Monday

August 13, 2021 Comments off

The Cal. Supremes will issue no new criminal cases Monday.

Marijuana in prison is still a crime

August 12, 2021 Comments off

Marijuana in prison is still a crime

People v. Raybon

S256978

“possession of cannabis in prison remains a violation of Penal Code section 4573.6.”

Coming tomorrow

August 11, 2021 Comments off

Coming tomorrow from the Cal. Supremes:

PEOPLE v. RAYBON (GOLDY) et al.

S256978 (C084853; Sacramento County Superior Court – 09F0824)

Argued in San Francisco 5-18-21

            This case presents the following issue: Did Proposition 64 [the “Adult Use of Marijuana Act”] decriminalize the possession of up to 28.5 grams of marijuana by adults 21 years of age or older who are in state prison as well as those not in prison?

No new criminal cases Monday

August 6, 2021 Comments off

The Cal. Supremes will issue no new criminal cases Monday.