Archive

Archive for August, 2015

No cases Monday

August 28, 2015 Comments off

The Cal. Supremes will issue no new cases Monday.

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The Supremes affirm death sentences, with modifications

August 27, 2015 Comments off

The Supremes affirm death sentences, with modifications

People v. Romero

S055856

For the reasons that follow we reverse Self’s conviction and sentence for Knoefler’s robbery, vacate five multiple-murder special-circumstance findings for each defendant, and otherwise affirm the judgments.

http://www.courts.ca.gov/opinions/documents/S055856.PDF

Prosecutor must prove connection between gang and a gang’s subset in order to trigger gang enhancement

August 27, 2015 Comments off

Prosecutor must prove connection between gang and a gang’s subset in order to trigger gang enhancement

People v. Prunty

S210234

We conclude that the STEP Act requires the prosecution to introduce evidence showing an associational or organizational connection that unites members of a putative criminal street gang. The prosecution has significant discretion in how it proves this associational or organizational connection to exist; we offer some illustrative examples below of strategies prosecutors may pursue. Yet when the prosecution seeks to prove the street gang enhancement by showing a defendant committed a felony to benefit a given gang, but establishes the commission of the required predicate offenses with evidence of crimes committed by members of the gang’s alleged subsets, it must prove a connection between the gang and the subsets. In this case, the prosecution did not introduce sufficient evidence showing a connection among the subsets it alleged comprised a criminal street gang, so Prunty was not eligible for a sentence enhancement under the STEP Act. We must therefore reverse the Court of Appeal’s contrary judgment.

http://www.courts.ca.gov/opinions/documents/S210234.PDF

Coming tomorrow

August 26, 2015 Comments off

Coming tomorrow from the Cal. Supremes:

PEOPLE v. PRUNTY (ZACKERY)

S210234 (C071065; Sacramento County Superior Court – 10F07981)

Argued in Los Angeles 6-02-15

The court limited review to the following issue: Is evidence of a collaborative or organizational nexus required before multiple subsets of the Norteños can be treated as a whole for the purpose of determining whether a group constitutes a criminal street gang within the meaning of Penal Code section 186.22, subdivision (f)?

 

PEOPLE v. ROMERO (ORLANDO GENE) and SELF (CHRISTOPHER)

S055856 (Riverside County Superior Court – CR46579)

Argued in Los Angeles 6-02-15

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

Death penalty affirmed

August 24, 2015 Comments off

The Cal. Supremes affirmed another death penalty verdict.

People v. Seumanu

S093803

http://www.courts.ca.gov/opinions/documents/S093803.PDF

Death penalty affirmed

August 24, 2015 Comments off

The Cal. Supremes affirmed another death penalty verdict.

People v. Williams

S073205

http://www.courts.ca.gov/opinions/documents/S073205.PDF

Coming Monday

August 21, 2015 Comments off

Coming Monday from the Cal. Supremes: two death penalty cases:

PEOPLE v. SEUMANU (ROPATI)

S093803 (Alameda County Superior Court – H24057A)

Argued in San Francisco 5-26-15

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

 

PEOPLE v. WILLIAMS (JACK EMMIT)

S073205 (Riverside County Superior Court – CR49662)

Argued in Los Angeles 6-02-15

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