No new cases tomorrow

March 15, 2017 Comments off

The Cal.  Supremes will issue no new cases tomorrow, Thursday.

No new cases Monday

March 10, 2017 Comments off

The Cal. Supremes will issue no new cases Monday.

The Defense Is Entitled To The Entire Transcript Of A Previous Trial

March 9, 2017 Comments off

The Defense Is Entitled To The Entire Transcript Of A Previous Trial

The federal Constitution’s equal protection clause compels the government to provide indigent criminal defendants, free of charge, with basic tools for an adequate defense that are available for a price to other defendants.  (Britt v. North Carolina (1971) 404 U.S. 226, 227 (Britt).)  Both this court and the United States Supreme Court have long held that one such tool is access to a transcript of prior proceedings.  (Ibid; People v. Hosner (1975) 15 Cal.3d 60 (Hosner).)  In Hosner, we held that an indigent criminal defendant facing retrial is presumptively entitled to a “full” and “complete” transcript of the prior proceedings.  (Hosner, at pp. 65, italics omitted.)  We granted review in this case to consider the Court of Appeal’s holding below that Hosner’s presumption applies only to transcripts of witness testimony and not to transcripts of opening statements and closing arguments.

We hold that we meant what we said in Hosner:  An indigent defendant facing retrial is presumptively entitled to a “full” and “complete” trial transcript –– and this entitlement extends to counsel’s statements.

People v. Reese

S230259

http://www.courts.ca.gov/opinions/documents/S230259.PDF

Coming tomorrow

March 8, 2017 Comments off

Coming tomorrow from the Cal. Supremes

 

PEOPLE v. REESE (KEITH)

S230259 (B253610; Los Angeles County Superior Court – TA125272)

Argued in San Francisco 1-05-17

The court limited review to the following issue:  Did the trial court violate defendant’s constitutional right to equal protection of the laws when it denied defendant’s request for transcripts of the opening statements and closing arguments from defendant’s first trial, which ended in a mistrial?

No new criminal cases tomorrow

March 1, 2017 Comments off

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

Death Penalty Affirmed

February 27, 2017 Comments off

The Cal. Supremes affirmed another death penalty case.

 

People v. Delgado

S089609

http://www.courts.ca.gov/opinions/documents/S089609.PDF

No new criminal cases tomorrow

February 22, 2017 Comments off

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