Archive

Archive for September, 2012

Summary of Cases Accepted and Related Actions for Week of September 24, 2012

September 28, 2012 Comments off

Summary of Cases Accepted and Related Actions for Week of September 24, 2012

#12-101
People v. Almanza, S204410.

(E053366; 207 Cal.App.4th 269; Riverside County Superior Court; SWF10002663.)

Petition for review after the Court of Appeal affirmed a judgment of conviction of criminal offenses. The court ordered briefing deferred pending decision in People v. McCullough, S192513 (#11-80), which presents the following issue: Did defendant forfeit his claim that he was unable to pay the $270.17 jail booking fee (Gov. Code, § 29550.2) imposed by the trial court at sentencing, because he failed to object at the time?

http://www.courts.ca.gov/documents/ws092412.pdf

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No opinions Monday

September 28, 2012 Comments off

The Supremes have announced that they will not issue any opinions on Monday.

No opinions tomorrow

September 26, 2012 Comments off

The Cal. Supremes have announced that there will be no new opinions issued tomorrow, Thursday, September 27th.

Depublication order in the weekly conference results for Sept. 19th

September 26, 2012 Comments off

Depublication order in the weekly conference results for Sept. 19th

Formerly at In re J.L.(2012) 206 Cal.App.4th 1182

The prosecutor also argued that appellant used the sidewalk as a deadly weapon even though appellant did not actually touch the sidewalk. We proceed with our analysis of this contention in two stages. First, we ask was there substantial evidence that Isaac was lying on the sidewalk and not some other place during the attack? Then we consider whether the sidewalk was used as a deadly weapon.

Under the applicable standard, there was substantial evidence to support the implied finding that Isaac was assaulted while he was down on the sidewalk and not on some softer ground.

As to the second point, substantial evidence also supports the implied finding that the sidewalk was in fact used as a deadly weapon. The evidence showed that while down, Isaac was repeatedly hit and kicked. More significantly appellant stomped on Isaac’s head with his heel “messing up” Isaac’s face. Using Daniel’s description of the incident, the sidewalk effectively became one side of a vise with the heel of appellant’s foot the other side.

IN RE J.L., S204211, B231854, Petition for Review, Denied & depublished

http://www.courts.ca.gov/documents/supreme/actions/SL091912.DOC

Summary of Cases Accepted and Related Actions for Week of September 17, 2012

September 26, 2012 Comments off

Summary of Cases Accepted and Related Actions
For Week of September 17, 2012

#12-98 County of Los Angeles v. Alternative Medicinal Cannabis Collective, S204663. (B233419; 207 Cal.App.4th 601; Los Angeles County Superior Court; BC457089.)

Petition for review after the Court of Appeal reversed the issuance of a preliminary injunction in a civil action.

#12-99 420 Caregivers, LLC v. City of Los Angeles, S204684. (B230436; 207 Cal.App.4th 703; Los Angeles County Superior Court; BC433942.)

Petition for review after the Court of Appeal reversed the issuance of a preliminary injunction in a civil action.

The court ordered briefing in Alternative Medical Cannabis Collective and 420 Caregivers deferred pending decision in City of Riverside v. Inland Empire Patient’s Health & Wellness Center, Inc., S198638 (12-03), and People v. G3 Holistic, Inc., S198395 (#12-04), which include issues concerning preemption, under federal or state law, of local ordinances regulating or banning the operation of medical marijuana dispensaries and related activities.

http://www.courts.ca.gov/documents/ws091712.pdf

No cases Monday

September 21, 2012 Comments off

Again, no cases will be issued by the Cal. Supremes on Monday, Sept. 24th.

No new cases tomorrow

September 19, 2012 Comments off

For the fifth straight time, the Supremes have announced that they will issue no new cases tomorrow, Thursday.