Archive

Archive for April, 2016

No new cases Monday

April 29, 2016 Comments off

The Cal. Supremes will issue no new cases Monday.

No new cases tomorrow

April 27, 2016 Comments off

The Cal. Supremes will issue no new cases tomorrow.

Erroneous bite mark evidence requires the conviction to be reversed

April 26, 2016 Comments off

Erroneous bite mark evidence requires the conviction to be reversed

 

In 1997, petitioner William Richards was convicted of the 1993 murder of his wife, Pamela.  In 2012, by a 4 to 3 decision, this court rejected his claim on habeas corpus that his conviction should be overturned because the prosecution’s dental expert had recanted his expert opinion testimony at trial that a lesion on Pamela’s hand was a human bite mark matching petitioner’s unusual teeth.  (In re Richards (2012) 55 Cal.4th 948 (Richards I).)  The majority concluded that the expert’s recantation did not constitute “false evidence” within the meaning of Penal Code section 1473 as the statute then read because, in the absence of “a generally accepted and relevant advance in the witness’s field of expertise” or “a widely accepted new technology” that would allow “experts to reach an objectively more accurate conclusion,” petitioner had failed to show, by a preponderance of the evidence, that the expert’s opinion at trial was “objectively untrue.”  (Richards I, supra, 55 Cal.4th at pp. 963, 966.)  In 2014, however, the Legislature responded to our decision in Richards I by amending section 1473 to state that “ ‘false evidence’ shall include opinions of experts that have either been repudiated by the expert who originally provided the opinion at a hearing or trial or that have been undermined by later scientific research or technological advances.”  (§ 1473, subd. (e)(1), as added by Stats. 2014, ch. 623, § 1.)

Petitioner has filed a new petition for writ of habeas corpus before this court in which he contends that, under the 2014 legislative revision of section 1473, he is now entitled to relief and that his conviction should be overturned.  For the reasons discussed hereafter, we agree.         Unless otherwise noted, all further statutory references are to the Penal Code.

 

In re Richards

S223651

http://www.courts.ca.gov/opinions/documents/S223651.PDF

No new cases Monday

April 22, 2016 Comments off

The Cal. Supremes will issue no new cases Monday.

The Cal. Supremes affirmed another death penalty case

April 21, 2016 Comments off

The Cal. Supremes affirmed another death penalty case, reversing one special circumstance

People v. Townsel (Anthony Letrice)

S022998

http://www.courts.ca.gov/opinions/documents/S022998.PDF

 

 

Tomorrow: death penalty opinion coming

April 20, 2016 Comments off

Tomorrow the Cal. Supremes will issue the following opinion:

PEOPLE v. TOWNSEL (ANTHONY LETRICE)

S022998 (Madera County Superior Court – 08926)

Argued in Sacramento 2-09-16

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

No new cases Monday

April 15, 2016 Comments off

The Cal. Supremes will issue no new cases Monday.