Archive

Archive for November, 2012

Coming Monday

November 30, 2012 Comments off

Coming Monday from the Cal. Supremes:

 

PEOPLE v. HOMICK (STEVEN)

S044592 (Los Angeles County Superior Court – A973541)

Argued in San Francisco 9-06-12

This matter is an automatic appeal from a judgment of death.

 

RICHARDS (WILLIAM) ON HABEAS CORPUS

S189275 (E049135; San Bernardino County Superior Court – SWHSS700444)

Argued in San Francisco 9-05-12

This case presents the following issues:  (1) When a petitioner seeks relief on habeas corpus because an expert witness who testified at trial later fundamentally alters the opinion he or she rendered, should this be viewed as a claim that false evidence substantially material or probative on the issue of guilt was presented at trial or as a claim that newly discovered evidence casts “fundamental doubt on the accuracy and reliability of the proceedings” and “undermine[s] the entire prosecution case and point[s] unerringly to innocence or reduced culpability”?  (In re Hardy (2007) 41 Cal.4th 977, 1016.)  (2) Is petitioner entitled to relief on either ground in this case?  (3) Is petitioner entitled to habeas corpus relief based on newly discovered DNA evidence?

 

PEOPLE v. SCHMITZ (DOUGLAS)

S186707 (G040641; Orange County Superior Court – 06HF2342)

Argued in San Francisco 9-05-12

This case presents the following issue:  When conducting a vehicle search authorized by a passenger’s parole condition, can the police search any areas of the vehicle’s interior that appear reasonably accessible to the passenger?

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Junk science case argued to the Cal. Supremes

November 26, 2012 Comments off

Today’s LA Times has an article about a case argued in September to the California Supreme Court on junk science, specifically, bite mark evidence, now discredited, which was used to convict.  Here’s the link to the story.

http://www.latimes.com/news/local/la-me-murder-20121121,0,1272558.story

The court actually posts the briefing in cases after the oral argument in the case.  So all the briefing in this case, named Richards, is on line and available to read or print off.  Here’s the link to that:

http://www.courts.ca.gov/18827.htm

No criminal cases today

November 26, 2012 Comments off

The Cal. Supremes will not issue any criminal cases today, Monday.

Possession of two firearms permits two convictions but not four

November 19, 2012 Comments off

Possession of two firearms permits two convictions but not four

People v. Sanders

We hold that neither section 12021.1(a) nor section 12021(a)(1) is a necessarily included offense of the other.  Accordingly, under section 954, defendant was properly convicted of both offenses.

Applying our recent decisions in Correa, supra, 54 Cal.4th 331, and People v. Jones (2012) 54 Cal.4th 350, we further hold that defendant may be separately punished for two violations of section 12021(a)(1) and of section 12021.1(a) based on his simultaneous possession of two firearms.  However, he may not also be separately punished for violations of section 12021(a)(1) and section 12021.1(a) based on possession of the same firearm.

http://www.courts.ca.gov/opinions/documents/S191341.PDF

Coming Monday from the Cal. Supremes

November 16, 2012 Comments off

Coming Monday from the Cal. Supremes:

People v. Sanders (Maurice D.)

S191341 (F059287; Kern County Superior Court – BF126309A)

Argued in San Francisco 10-02-12

The court limited review to the following issues:

(1) Is possession of a firearm after conviction of a specified violent offense (Pen. Code, § 12021.1, subd. (a)) a necessarily included offense of possession of a firearm after conviction of a felony (Pen. Code, § 12021, subd. (a)(1))?

(2) Was defendant properly sentenced to concurrent terms for his simultaneous possession of two firearms in violation of Penal Code section 12021, subdivision (a)(1)?

No opinions Thursday

November 14, 2012 Comments off

In an apparent pre-Thanksgiving slump, the Cal. Supremes are not going to issue any opinions tomorrow.

No opinions Monday

November 9, 2012 Comments off

The Cal. Supremes are taking Monday off; no opinions will be issued Monday.