Archive

Archive for April, 2015

Death penalty affirmed

April 30, 2015 Comments off

The Cal. Supremes affirmed another death penalty case:

PEOPLE v. KOPATZ (KIM RAYMOND)

S097414

http://www.courts.ca.gov/opinions/documents/S097414.PDF

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Coming tomorrow

April 29, 2015 Comments off

Tomorrow the Cal. Supremes will issue the following case:

PEOPLE v. KOPATZ (KIM RAYMOND)

S097414 (Riverside County Superior Court – IF086350)

Argued in Sacramento 2-04-15

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

Cal. Supremes reverse penalty in capital case, finding expert testimony improperly excluded

April 27, 2015 Comments off

Cal. Supremes reverse penalty in capital case, finding expert testimony improperly excluded

People v. Smith

S112442

“We affirm as to guilt, but reverse the penalty judgment. Defendant’s violent attempt to escape from jail just before his trial began created difficult problems for the court at various phases of the proceedings. We conclude that during the penalty phase, the court improperly excluded expert testimony about prison security measures for those sentenced to life without possibility of parole. The evidence was admissible to rebut the prosecution’s evidence and argument suggesting that defendant would pose a danger in custody. Because we cannot say, beyond a reasonable doubt, that the penalty determination would have been the same had the jury heard from defendant’s expert, we must reverse the penalty judgment.”

http://www.courts.ca.gov/opinions/documents/S112442.PDF

Coming Monday

April 24, 2015 Comments off

Monday the Cal. Supremes will issue an opinion in the following case:

 

PEOPLE v. SMITH (PAUL GORDON), JR.

S112442 (Shasta County Superior Court – 98F26452)

Argued in Sacramento 2-04-15

 

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

5-year enhancement for a prior applies only once per case, not once per count, even in 2d Strike cases

April 23, 2015 Comments off

5-year enhancement for a prior applies only once per case, not once per count,  even in 2d Strike cases

People v. Sasser

S217128

“We granted review to determine whether the prior serious felony enhancement may be applied to the term imposed for each current offense or only once to the determinate portion of the overall sentence. Finding our decision in People v. Tassell (1984) 36 Cal.3d 77, 89–92 (Tassell) applicable in this context, we conclude that the prior serious felony enhancement may be added only once to multiple determinate terms imposed as part of a second-strike sentence.”

http://www.courts.ca.gov/opinions/documents/S217128.PDF

Coming tomorrow

April 22, 2015 Comments off

Tomorrow the Cal. Supremes will issue an opinion in the following case:

 

PEOPLE v. SASSER (DARREN)

S217128 (A136655; Alameda County Superior Court – C156534)

Argued in Sacramento 2-04-15

 

The court limited review to the following issue: Can a five-year enhancement for a prior serious felony conviction (Pen. Code, § 667, subd. (a)) be added to multiple determinate terms imposed as part of a second-strike sentence (Pen. Code, § 667, subd. (e)(1))?

No new opinions tomorrow

April 15, 2015 Comments off

The Cal. Supremes will issue no new opinions tomorrow.