Archive

Archive for July, 2014

Death penalty reversed for juror misconduct

July 31, 2014 Comments off

Death penalty reversed for juror misconduct

 

People v. Hensley

S050102:

“Defendant is, however, entitled to a retrial of the penalty phase. Juror Y.M. (Y.M.) committed prejudicial misconduct when he consulted his pastor during penalty deliberations.”

http://www.courts.ca.gov/opinions/documents/S050102.PDF

Death penalty case coming tomorrow

July 30, 2014 Comments off

Coming tomorrow:

 

 

PEOPLE v. HENSLEY (PAUL LOYDE)

S050102 (San Joaquin County Superior Court – SC054773A)

Argued in San Francisco 5-06-14

 

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

No new criminal cases Monday

July 25, 2014 Comments off

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

OK to convict a defendant of multiple thefts pursuant to a single scheme

July 24, 2014 Comments off

OK to convict a defendant of multiple thefts pursuant to a single scheme

People v. Whitmer

S208843

“Defendant, the manager of a motorcycle dealership, arranged for the fraudulent sales of vehicles to fictitious buyers. A jury convicted him of 20 counts of grand theft for 20 separate fraudulent sales. We must decide whether defendant was properly convicted of a separate theft for each vehicle fraudulently sold, or whether he could be convicted of only one count of grand theft because all of the sales were part of a single scheme. Resolution of the issue requires us to revisit language in People v. Bailey (1961) 55 Cal.2d 514 (Bailey) that some Courts of Appeal have interpreted as permitting only one conviction of grand theft in circumstances like this.

“We conclude that past appellate courts have interpreted Bailey more broadly than is warranted. We agree with the Court of Appeal in this case that a defendant may be convicted of multiple counts of grand theft based on separate and distinct acts of theft, even if committed pursuant to a single overarching scheme. We disapprove of Court of Appeal decisions that are inconsistent with this conclusion.

“However, we also conclude we cannot constitutionally apply this rule to defendant. Under the law that has existed for decades, defendant could only have been convicted of a single count of grand theft. We cannot apply the new rule retroactively to him. Accordingly, and for this reason only, we reverse the judgment of the Court of Appeal, which had affirmed the judgment of conviction for the 20 counts of grand theft.”

 

“Accordingly, we conclude that a defendant may be convicted of multiple counts of grand theft based on separate and distinct acts of theft, even if committed pursuant to a single overarching scheme.”

 

http://www.courts.ca.gov/opinions/documents/S208843.PDF

Death penalty affirmed

July 24, 2014 Comments off

The Cal. Supremes affirmed another death penalty case today.

People v. Boyce

S092240

http://www.courts.ca.gov/opinions/documents/S092240.PDF

Cases coming tomorrow

July 23, 2014 Comments off

Coming tomorrow (Thursday) at 10:

 

PEOPLE v. BOYCE (KEVIN DEWAYN)

S092240 (Orange County Superior Court – 97NF2316)

Argued in San Francisco 5-06-14

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

 

PEOPLE v. WHITMER (JEFFREY ALLEN)

S208843 (B231038; Los Angeles County Superior Court – GA079423)

Argued in San Francisco 5-07-14

The court limited review to the following issue: Was defendant properly sentenced on multiple counts of grand theft or did his multiple takings constitute a single offense under People v. Bailey (1961) 55 Cal.2d 514?

No new cases yesterday or next Monday

July 18, 2014 Comments off

The Cal. Supremes issued no new cases yesterday and they will issue no new cases on Monday.