Filed 6/25/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S085578 v. CHARLES McDOWELL, JR., Los Angeles County Defendant and Appellant. Super. Ct. No. A379326 ____________________________________) Capital defendant Charles McDowell, Jr., comes before this court for the second time. In 1984, a jury convicted defendant of first degree murder (Pen. Code, ? […]
Category: 2012
American Coatings v. South Coast Air etc. Dist.
Filed 6/25/12 IN THE SUPREME COURT OF CALIFORNIA AMERICAN COATINGS ASSOCIATION, ) INC., Plaintiff and Appellant, S177823 v. Ct.App. 4/3 G040122 SOUTH COAST AIR QUALITY DISTRICT, Orange County Defendant and Respondent. Super. Ct. No. 03CC00007 The South Coast Air Quality Management District (District) is charged with regulating nonvehicular air pollution emissions in a large area […]
People v. Correa
Filed 6/21/12 (S163273 & S179552, both filed 6/21/12, are companion cases; S163273 is the lead case) IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S163273 v. Ct.App. 3 C054365 VICTOR CORREA, Sacramento County Defendant and Appellant. Super. Ct. No. 06F1135 After police found defendant hiding in a closet with a cache of […]
People v. Jones
Filed 6/21/12 (S163273 & S179552, both filed 6/21/12, are companion cases; S163273 is the lead case) IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S179552 v. Ct.App. 3 C060376 JARVONNE FEREDELL JONES, Sacramento County Defendant and Appellant. Super. Ct. No. 08F04254 Defendant Jarvonne Feredell Jones, a convicted felon, carried a loaded and […]
Parks v. MBNA America Bank
Filed 6/21/12 IN THE SUPREME COURT OF CALIFORNIA ALLAN PARKS, Plaintiff and Appellant, S183703 v. Ct.App. 4/3 G040798 MBNA AMERICA BANK, N.A., Orange County Defendant and Respondent. Super. Ct. No. 04CC00598 We granted review to address whether the National Bank Act of 1864 (13 Stat. 99) (NBA) preempts Civil Code section 1748.9, a California law […]
Gomez v. Super. Ct.
Filed 6/18/12 IN THE SUPREME COURT OF CALIFORNIA ALFREDO GOMEZ, Petitioner, S179176 v. Ct.App. 3 C060710 THE SUPERIOR COURT OF LASSEN COUNTY, Lassen County Respondent; Super. Ct. No. 47543 TOM FELKER, as Warden, etc., Real Party in Interest. MANUEL JUAREZ, Petitioner, S179176 v. Ct.App. 3 C060773 THE SUPERIOR COURT OF LASSEN COUNTY, Lassen County Respondent; […]
People v. Brown
Filed 6/18/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S181963 v. Ct.App. 3 C056510 JAMES LEE BROWN III, Lassen County Defendant and Appellant. Super. Ct. No. CR024002 ____________________________________) Since 1976, Penal Code section 40191 has offered prisoners in local custody the opportunity to earn ?conduct credit? against their sentences for good […]
Tomlinson v. Co. of Alameda
Filed 6/14/12 IN THE SUPREME COURT OF CALIFORNIA FRED TOMLINSON et al., Plaintiffs and Appellants, S188161 v. Ct.App. 1/5 A125471 COUNTY OF ALAMEDA et al., Alameda County Defendants and Respondents; ) Y.T. WONG et al., Real Parties in Interest and Super. Ct. No. RG08396845 Respondents. In this case, a developer applied to a county planning […]
People v. Streeter
Filed 6/7/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S078027 v. HOWARD LARCELL STREETER, San Bernardino County Defendant and Appellant. Super. Ct. No. FVA07519 A jury convicted defendant Howard Larcell Streeter of the first degree murder of Yolanda Buttler. (Pen. Code, ? 187.)1 It found true special- circumstance allegations of lying […]
Magness v. Super. Ct.
Filed 6/7/12 IN THE SUPREME COURT OF CALIFORNIA CHRISTOPHER MAGNESS, Petitioner, S194928 v. Ct.App. 3 C066601 THE SUPERIOR COURT OF SACRAMENTO COUNTY, Sacramento County Super. Ct. No. 10F04832 Respondent; THE PEOPLE, Real Party in Interest. ____________________________________) We granted review to decide whether a person standing in the driveway of a residence who uses a remote […]
People v. Mesa
Filed 6/4/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S185688 v. Ct.App. 4/1 D056280 TOMMY ANGEL MESA, Riverside County Defendant and Appellant. Super. Ct. No. RIF137046 ____________________________________) Penal Code section 654 provides that a defendant may be punished only once for ?[a]n act or omission that is punishable in different ways […]
People v. Villalobos
Filed 6/4/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S176574 v. Ct.App. 5 Crim. F056729 RAMIRO VILLALOBOS, Tulare County Defendant and Appellant. Super. Ct. No. VCF189886A We granted review to address whether imposition of a mandatory restitution fine violates a defendant?s plea agreement where the parties fail to make the fine […]
Healdsburg Citizens etc. v. City of Headsburg
Filed 6/4/12 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR HEALDSBURG CITIZENS FOR SUSTAINABLE SOLUTIONS et al., A130374 Petitioners, Respondents, and Cross- Appellants, (Sonoma County v. Super. Ct. No. SCV243748) CITY OF HEALDSBURG et al., Defendants, Appellants, and Cross- Respondents. The trial court awarded […]
People v. Vargas
Filed 6/4/12 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT THE PEOPLE, B231338 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA085541) v. DARLENE A. VARGAS, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Los Angeles County. Bruce F. […]
Iskanian v. CLS Transportation etc.
Filed 6/4/12 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO ARSHAVIR ISKANIAN, B235158 Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC356521) v. CLS TRANSPORTATION LOS ANGELES, LLC, Defendant and Respondent. APPEAL from an order of the Superior Court of Los Angeles County. Robert […]
Nickell v. Matlock
Filed 6/4/12 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE JERRY NICKELL, B230321 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MC018074) v. TONIE MATLOCK et al., Defendants and Appellants. APPEALS from a judgment of the Superior Court of Los Angeles County, Brian C. […]
Vanhooser v. Super. Ct.
Filed 6/1/12 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE SHERRELL VANHOOSER, B239677 Petitioner, (Los Angeles County Super. Ct. No. BC468065) v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; HENNESSY INDUSTRIES, INC., et al., Real Parties in Interest. PETITION for writ of mandate. Emilie […]
People v. Souza
Filed 5/31/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S076999 v. MATTHEW A. SOUZA, Alameda County Defendant and Appellant. Super. Ct. No. 122159B A jury convicted defendant Matthew A. Souza of the first degree murders of Regina Watchman, Dewayne Arnold, and Leslie K. Trudell (Pen. Code, ? 187), and the attempted […]
Sharp v. Super. Ct.
Filed 5/31/12 IN THE SUPREME COURT OF CALIFORNIA CALVIN LEONARD SHARP, Petitioner, S190646 v. Ct.App. 2/6 B222025 THE SUPERIOR COURT OF VENTURA ) COUNTY, Ventura County Respondent; Super. Ct. No. 2008014330) THE PEOPLE, Real Party in Interest. When the defendant in a criminal action has placed his or her mental state at issue through the […]
People v. Mena
Filed 5/31/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S173973 v. Ct.App. 4/1 D052091 JOAQUIN MENA, San Diego County Defendant and Appellant. Super. Ct. No. SCD205930 When a trial court denies a defendant?s motion for a physical lineup and the defendant does not seek writ review of that ruling, is the […]
People v. Jones
Filed 5/7/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S076721 v. WILLIAM ALFRED JONES, Riverside County Defendant and Appellant. Super. Ct. No. RIF73193 A Riverside County jury convicted defendant William Alfred Jones of the first degree murder of his elderly neighbor Ruth Eddings (Pen. Code, ?? 187, subd. (a), 189),1 and […]
People v. Thomas
Filed 5/3/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S185305 v. Ct.App. 5 F056337 RAYSHON DERRICK THOMAS, Madera County Defendant and Appellant. Super. Ct. No. MCR 10473 ____________________________________) In general, the proper venue in which to prosecute a criminal offense is the superior court of the county in which the crime […]
Kirby v. Immoos Fire Protection, Inc.
Filed 4/30/12 IN THE SUPREME COURT OF CALIFORNIA ANTHONY KIRBY et al., Plaintiffs and Appellants, S185827 v. Ct.App. 3 C062306 IMMOOS FIRE PROTECTION, INC., Sacramento County Defendant and Respondent. Super. Ct. No. 07AS00032 In general, a prevailing party may recover attorney?s fees only when a statute or an agreement of the parties provides for fee […]
People v. Cornett
Filed 4/30/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S189733 v. Ct.App. 1/2 A123957 MICHAEL DAVID CORNETT, Sonoma County Defendant and Appellant. Super. Ct. No. SCR504048 ____________________________________) Penal Code section 288.7 makes it a felony, punishable by an indeterminate life term, for any adult to engage in specified sexual conduct ?with […]
Dicon Fiberoptics v. Franchise Tax Bd.
Filed 4/26/12 IN THE SUPREME COURT OF CALIFORNIA DICON FIBEROPTICS, INC. Plaintiff and Appellant, S173860 v. Ct.App. 2/8 B202997 FRANCHISE TAX BOARD, Los Angeles County Defendant and Respondent. Super. Ct. No. BC 367885 ____________________________________) The Enterprise Zone Act (Gov. Code, ? 7070 et seq.) was enacted ?to stimulate business and industrial growth? in ?areas within […]