Category: 2003

Filed 6/9/03 (Publishers: this opn. should precede In re Cox, also filed this date.) IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S004703 v. MICHAEL ANTHONY COX, El Dorado County Super. Ct. No. 44625 Defendant and Appellant. On November 26, 1985, defendant Michael Anthony Cox was sentenced to death for the 1984 […]

Filed 6/9/03 (Publishers: this opn. should follow P. v. Cox, also filed this date.) IN THE SUPREME COURT OF CALIFORNIA In re MICHAEL ANTHONY COX ) on Habeas Corpus. ) S004507 On November 26, 1985, petitioner was sentenced to death for the 1984 first degree murders of teenagers Denise Galston, her sister Debbie Galston, and […]

Filed 6/5/03 IN THE SUPREME COURT OF CALIFORNIA ROBERT L., Petitioner, S100359 v. ) Ct.App. 4/3 G027381 THE SUPERIOR COURT OF ORANGE COUNTY, Orange County Respondent; Super. Ct. No. J-1764-765 THE PEOPLE, Real Party in Interest. At the March 7, 2000 Primary Election, the California electorate passed Proposition 21, the Gang Violence and Juvenile Crime […]

Filed 6/2/03 IN THE SUPREME COURT OF CALIFORNIA EDGAR WINTER et al., Plaintiffs and Appellants, S108751 v. Ct.App. 2/4 B121021 DC COMICS et al., Los Angeles County Defendants and Respondents. ) Super. Ct. No. BC145670 Celebrities have a statutory right of publicity by which they can prohibit others from using their likeness. (Civ. Code, ? […]

Filed 6/2/03 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S020244 v. JESUS CIANEZ HERNANDEZ, ) Stanislaus County Defendant and Appellant. Super. Ct. No. 236428 A jury convicted defendant Jesus Cianez Hernandez of one count of murder (Pen. Code, ? 187).1 The jury found that defendant had personally used a dangerous or […]

Filed 6/2/03 IN THE SUPREME COURT OF CALIFORNIA CIMMARON OLSZEWSKI, a Minor, etc., ) Plaintiff and Appellant, S098409 v. ) Ct.App. 4/1 D034197 SCRIPPS HEALTH, San Diego County Defendant and Respondent. Super. Ct. No. 728855 As a participant in the federal Medicaid program, the State of California has agreed to abide by certain requirements imposed […]

Filed 5/29/03 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S103761 v. ) Ct.App. 4/3 G028162 RANDY LLOYD BUTTRAM, Orange County Defendant and Appellant. Super. Ct. No. 99NF2661 We address a conflict in the Courts of Appeal about the proper application of Penal Code section 1237.5 and rule 31(d) of the California […]

Filed 5/29/03 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, S104303 Plaintiff and Respondent, Ct. App. 4/1 D037349 v. ) San Diego County JEFFREY G. HAMMER, Super. Ct. No. SCN 109385 Defendant and Appellant. Penal Code section 667.61, known as the ?One Strike? law, requires imposition of a sentence of 25 years to life in […]

Filed 5/22/03 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S018292 v. Los Angeles County EVAN TEEK NAKAHARA, Super. Ct. No. NA000163 Defendant and Appellant. Defendant Evan Teek Nakahara appeals from a judgment of the Los Angeles County Superior Court imposing the death penalty following his conviction of first degree murder (Pen. […]

Filed 5/22/03 IN THE SUPREME COURT OF CALIFORNIA DEPARTMENT OF FINANCE, ) Plaintiff and Appellant, S109219 v. COMMISSION ON STATE MANDATES, ) Ct. App. 3 No. C037645 ) Defendant and Respondent. ) Sacramento County KERN HIGH SCHOOL Sup. Ct. No. 00CS00866 DISTRICT et al., Real Parties in Interest and Respondents. ) ____________________________________) Article XIII B, […]

Filed 5/19/03 I N T H E S U P R E M E C O U R T O F C A L I F O R N I A THE PEOPLE, Plaintiff and Respondent, S101183 v. Ct. App. 2/1 No. B139901 TRACY L. BATTS et al. Los Angeles County Defendants and Appellants. Super. […]

Filed 5/15/03 IN THE SUPREME COURT OF CALIFORNIA S099172 In re Ct.App. 4/3 G028140 ESTEBAN NOE CHAVEZ, ) Orange County On Habeas Corpus. Super. Ct. No. 99CF0109 When a defendant has pleaded guilty or no contest (nolo contendere) to a criminal charge, the defendant may not appeal the judgment of conviction on issues ?going to […]

Filed 5/8/03 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S028339 v. GREGORY CALVIN SMITH, Santa Clara County Defendant and Appellant. Super. Ct. No. 140295 A jury convicted defendant Gregory Calvin Smith of murdering (Pen. Code, ? 187),1 raping (? 261), and kidnapping (? 207, subd. (a)) Ai Toyoshima, an exchange student […]

Filed 5/1/03 IN THE SUPREME COURT OF CALIFORNIA STEVEN WHITE, Plaintiff and Appellant, S108099 v. Ct.App. 2/4 B122178 GRAY DAVIS, as Governor, etc., et al., Los Angeles County Defendants and Respondents. ) Super. Ct. No. BC175284 HOWARD JARVIS TAXPAYERS ASSOCIATION et al., Plaintiffs and Respondents, v. Ct.App. 2/4 B123992 STEVE WESTLY, as Controller, etc. Los […]

Filed 4/28/03 IN THE SUPREME COURT OF CALIFORNIA CRAIG TETER, Plaintiff and Respondent, S106553 v. ) Ct.App. 4/3 G025239 CITY OF NEWPORT BEACH, Orange County Defendant and Appellant. Super. Ct. No. 786037 Plaintiff was arrested and jailed for public intoxication (Pen. Code,1 ? 647, subd. (f); hereafter section 647(f)),2 but was later released without charges […]

Filed 4/24/03 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S012852 v. ROBERT EDWARD MAURY, Shasta County Defendant and Appellant. Super. Ct. No. 87-8250 A jury convicted defendant Robert Edward Maury for the first degree murders (Pen. Code, ? 187)1 of Averill Weeden, Belinda Jo Stark and Dawn Berryhill, the assault on […]

Filed 4/24/03 IN THE SUPREME COURT OF CALIFORNIA JOSE E. CRUZ et al., Plaintiffs and Respondents, ) S101003 v. Ct.App. 1/2 A093002 PACIFICARE HEALTH SYSTEMS, INC., et al.,) San Francisco Defendants and Appellants. Super. Ct. No. 307611 In Broughton v. Cigna Healthplans (1999) 21 Cal.4th 1066 (Broughton), we held that claims for injunctive relief under […]

Filed 4/21/03 IN THE SUPREME COURT OF CALIFORNIA COUNTY OF RIVERSIDE et al., Petitioners, S107126 v. Ct.App. 4/2 E030454 THE SUPERIOR COURT OF RIVERSIDE ) COUNTY, ) Respondent; RIVERSIDE SHERIFF?S ASSOCIATION, ) ) Riverside County Real Party in Interest. Super. Ct. No. 361250 The Legislature recently enacted Senate Bill No. 402 (1999-2000 Reg. Sess.) (Senate […]

Filed 4/10/03 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S024645 v. OMAR DENT III, Los Angeles County Defendant and Appellant. Super. Ct. No. A925100 A jury found defendant Omar Dent III guilty of the first degree murder of Byung Kim (Pen. Code,1 ?? 187, subd. (a), 189), the second degree robbery […]

Filed 4/7/03 Reposted to correct counsel listing; no changes to opinion text IN THE SUPREME COURT OF CALIFORNIA DARLENE BONANNO, an Incompetent Person, etc., Plaintiff and Respondent, S099339 v. ) Ct.App. 1/4 A087486 CENTRAL CONTRA COSTA TRANSIT AUTHORITY, Contra Costa County Defendant and Appellant; Super. Ct. No. C94-00510 DIANA BONT?, as Director, etc., Claimant and […]

Filed 4/7/03 IN THE SUPREME COURT OF CALIFORNIA MARIETTA SMALL, as Public Administrator, etc.,* ) ) S091297 Plaintiff and Appellant, Ct.App. 1/4 A086982 v. San Francisco County FRITZ COMPANIES, INC., et al., Super. Ct. No. 981760 Defendants and Appellants. This is a stockholder?s action charging that defendant corporation and its officers sent its stockholders a […]

Filed 4/3/03 IN THE SUPREME COURT OF CALIFORNIA In re PAMELA C. MARTINEZ, ) S103581 Ct.App. 2/7 B150882 on Habeas Corpus. Los Angeles County Super.Ct.No. YA023049 The Penal Code provides that inmates in county jails and state prisons may have their sentences reduced as a reward for their conduct, including work and good behavior. The […]

Filed 4/3/03 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S018033 v. PRENTICE JUAN SNOW, Los Angeles County Defendant and Appellant. Super. Ct. No. A560682 THE COURT: Prentice Juan Snow was convicted in 1990 in Los Angeles County Superior Court of the first degree murder of Alfred J. Koll. (Pen. Code, ? […]

Filed 3/27/03 IN THE SUPREME COURT OF CALIFORNIA S102729 In re VINCENT MARQUEZ ) Ct.App. 6 H022214 on Habeas Corpus. Monterey County Super. Ct. No. CR 16624 In this case, petitioner Vincent Marquez was convicted in Monterey County of first degree burglary and several prior serious felony conviction enhancements. The court sentenced him to a […]

Filed 3/20/03 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S105271 v. Ct.App. 2/4 B145238 MANUEL HERNANDEZ, Los Angeles County Defendant and Appellant. Super. Ct. No. YA042302 In this case, we must decide whether the improper discharge of a single seated juror during a criminal trial warrants not only a reversal of […]