Category: 2012

Filed 4/26/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, v. S097189 JOHN MYLES, San Bernardino County Defendant and Appellant. Super. Ct. No. FSB10937 A jury convicted defendant John Myles and a codefendant, Tony Tyrone Rogers, of the first degree murder of Fred Malouf (Pen. Code, ? 187, subd. (a)),1 and found […]

Filed 4/26/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S090499 v. DAVID JAMES LIVINGSTON, Los Angeles County Defendant and Appellant. Super. Ct. No. TA 100812 A jury convicted defendant David James Livingston of the first degree murders of Roderico Armando Paz and Remigio Perez Malinao under the special circumstances of multiple […]

Filed 4/23/12 IN THE SUPREME COURT OF CALIFORNIA REYNALDO A. MALDONADO, Petitioner, S183961 v. Ct.App. 1/5 A126236 THE SUPERIOR COURT OF SAN MATEO COUNTY, San Mateo County Respondent; Super. Ct. No. SC065313 THE PEOPLE, Real Party in Interest. ____________________________________) A criminal defendant who tenders his or her mental state as a guilt or penalty issue […]

Filed 4/19/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S178823 v. Ct.App. 6 H031992 JACOB TOWNLEY HERNANDEZ, Santa Cruz County Defendant and Appellant. Super. Ct. No. F12934 ____________________________________) Defendant Jacob Townley Hernandez (Townley),1 convicted of attempted murder, contends the trial court violated his right to counsel as guaranteed by the Sixth […]

Filed 4/16/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S033149 v. San Diego County LA TWON R. WEAVER, Super. Ct. No. CRN22688 Defendant and Appellant. After defendant La Twon R. Weaver1 waived a jury trial, the court found him guilty of the first degree murder of Michael Broome (Pen. Code, ? […]

Filed 3/29/12 IN THE SUPREME COURT OF CALIFORNIA TERRY QUARRY et al., Plaintiffs and Appellants, S171382 v. Ct.App. 1/4 A120048 DOE I, Alameda County Defendant and Respondent. Super. Ct. No. HG07313640 Plaintiffs brought an action against the Roman Catholic Bishop of Oakland, alleging that defendant bore responsibility for sexual abuse committed during the 1970?s by […]

Filed 3/19/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S064733 v. JOHN CLYDE ABEL, Orange County Defendant and Appellant. Super. Ct. No. 95CF1690 ____________________________________) A jury convicted defendant John Clyde Abel of the first degree murder of Armando Miller (Pen. Code, ? 187, subd. (a)), also finding he had personally used […]

Filed 3/14/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S186661 v. Ct.App. 4/1 D054613 SETH CRAVENS, San Diego County Defendant and Appellant. Super. Ct. No. SCD206917 MODIFICATION OF OPINION THE COURT: The opinion in this matter filed on January 30, 2012, and appearing at 53 Cal.4th 500, is modified as follows: […]

Filed 3/8/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S191400 v. Ct.App. 4/1 D055671 MARTIN MANZO, San Diego County Defendant and Appellant. Super. Ct. No. SCS212840 Penal Code section 246 (section 246) makes it unlawful for any person to maliciously and willfully discharge a firearm at an occupied motor vehicle. In […]

Filed 3/8/12 IN THE SUPREME COURT OF CALIFORNIA C.A., a Minor, etc., Plaintiff and Appellant, S188982 v. Ct.App. 2/1 B217982 WILLIAM S. HART UNION HIGH SCHOOL DISTRICT et al., Los Angeles County Defendants and Respondents. ) Super. Ct. No. PC044428 C.A., a minor, sued his public high school guidance counselor and the school district for […]

Filed 3/5/12 IN THE SUPREME COURT OF CALIFORNIA S181788 In re DAVID LUCAS Ct.App. 3 C062809 on Habeas Corpus. Placer County Super. Ct. No. SCV23989 THE PEOPLE, S182355 Petitioner, Ct.App. 2/3 B219011 Los Angeles County v. Super. Ct. No. ZM014203 THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; CHRISTOPHER SHARKEY, Real Party in Interest. ____________________________________) […]

Filed 2/23/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S048337 v. REGIS DEON THOMAS, Los Angeles County Defendant and Appellant. Super. Ct. No. BA075063 ____________________________________) Defendant was convicted of the second degree murder of Carlos Adkins and the first degree murders of Compton Police Officer Kevin Burrell and Reserve Officer James […]

Filed 2/6/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S080947 v. SONNY ENRACA, Riverside County Defendant and Appellant. Super. Ct. No. CR60333 In May 1999, defendant Sonny Enraca was convicted of the first degree murders1 of Ignacio Hernandez and Dedrick Gobert, with a multiple-murder special-circumstance finding.2 Defendant was also convicted of […]

Filed 2/6/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S055652 v. FREDDIE FUIAVA, Los Angeles County Defendant and Appellant. Super. Ct. No. BA115681 After a jury trial, defendant Freddie Fuiava was convicted of the first degree murder of Los Angeles County Deputy Sheriff Stephen Blair (Pen. Code, ? 187, subd. (a)),1 […]

Filed 2/2/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S027094 v. Los Angeles County MARCHAND ELLIOTT, Super. Ct. No. VA008051 Defendant and Appellant. ____________________________________) Defendant Marchand Elliott1 appeals from a judgment of death upon his conviction by jury verdict of one count of murder in the first degree (Pen. Code, ?? […]

Filed 2/2/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S093754 v. GARY GALEN BRENTS, Orange County Defendant and Appellant. Super. Ct. No. 96NF2113 Defendant Gary Galen Brents argued with Kelly Gordon over $100 in proceeds from a methamphetamine sale. Defendant tried to suffocate Gordon, and he choked her. Then he placed […]

Filed 1/30/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S188619 v. Ct.App. 1/4 A124643 ANDREW D. JOHNSON, Solano County Defendant and Appellant. Super. Ct. Nos. VCR 191129 & VCR 191363 Defendants in criminal cases have a federal constitutional right to represent themselves. (Faretta v. California (1975) 422 U.S. 806 (Faretta).) In […]

Filed 1/30/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S186661 v. Ct.App. 4/1 D054613 SETH CRAVENS, San Diego County Defendant and Appellant. Super. Ct. No. SCD206917 The issue presented in this case is whether there is sufficient evidence to support defendant Seth Cravens?s conviction of second degree murder under a theory […]

Filed 1/27/12 IN THE SUPREME COURT OF CALIFORNIA JULIE VANDERMOST, Petitioner, v. DEBRA BOWEN, as Secretary of State, etc., S198387 Respondent; CITIZENS REDISTRICTING COMMISSION, Intervener. On December 9, 2011, we issued an order to show cause in this matter to consider an election-related question that must be addressed expeditiously to avoid potential disruption of the […]

Filed 1/23/12 IN THE SUPREME COURT OF CALIFORNIA STEVE ROSSA et al., Plaintiffs and Respondents, S183523 v. Ct.App. 1/2 A125567 D.L. FALK CONSTRUCTION, INC., San Mateo County Defendant and Appellant. Super. Ct. No. CIV442294 ____________________________________) The filing of a notice of appeal does not stay enforcement of a judgment for the payment of money unless […]

Filed 1/23/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S184665 v. Ct.App. 5 F056605 EDUARDO MIL, JR., Kern County Defendant and Appellant. Super. Ct. No. BF11667B A Kern County jury convicted defendant Eduardo Mil, Jr., of first degree murder and made true findings as to the burglary-murder and robbery-murder special circumstances. […]

Filed 1/12/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S181611 v. Ct.App. 4/3 G040151 SAMUEL MOSES NELSON, Orange County Defendant and Appellant. Super. Ct. No. 04ZF0072 The 15-year-old defendant in this case was tried as an adult and convicted of the murder of 72-year-old Jane Thompson, and of five first degree […]

Filed 1/12/12 IN THE SUPREME COURT OF CALIFORNIA BARBARA J. O?NEIL et al., Plaintiffs and Appellants, S177401 v. Ct.App. 2/5 B208225 CRANE CO. et al., Los Angeles County Defendants and Respondents. ) Super. Ct. No. BC360274 This case involves the limits of a manufacturer?s duty to prevent foreseeable harm related to its product: When is […]

Filed 1/9/12 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S120750 v. KEVIN DARNELL PEARSON, Los Angeles County Defendant and Appellant. Super. Ct. No. NA039436 ____________________________________) Defendant Kevin Darnell Pearson was convicted and sentenced to death for the 1998 first degree murder of Penny Sigler, also known as Penny Keptra. The jury […]