Filed 8/29/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S182621 v. Ct.App. 5 F057384 LEWIS MARCUS DOWL, Kern County Defendant and Appellant. Super. Ct. No. BF125801A The Compassionate Use Act of 1996 (CUA) (Health & Saf. Code, ? 11362.5)1 and the Medical Marijuana Program (MMP; ? 11362.7 et seq.) authorize use […]
Category: 2013
People v. Beltran
Filed 8/28/13 (unmodified opinion attached) IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S192644 v. TARE NICHOLAS BELTRAN, San Francisco City & County Defendant and Appellant. Super. Ct. Nos. 175503, 203443 ___________________________________ ) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING THE COURT: The opinion in this matter filed on June 3, […]
People v. Williams
Filed 8/26/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S195187 v. Ct.App. 2/7 B222845 DEMETRIUS LAMONT WILLIAMS, Los Angeles County Defendant and Appellant. Super. Ct. No. MA046168 ____________________________________) Defendant used re-encoded payment cards to buy gift cards at a department store. After the store?s security guards were alerted to the scam, […]
People v. Harris
Filed 8/26/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S081700 v. WILLIE LEO HARRIS, Kern County Defendant and Appellant. Super. Ct. No. SC071427a Following a mistrial,1 a jury convicted defendant Willie Leo Harris of the first degree murder (?? 187, subd. (a), 189), robbery (?? 211, 212.5, subd. (a)), and rape […]
People v. Jones
Filed 8/26/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S042346 v. BRYAN MAURICE JONES, San Diego County Defendant and Appellant. Super. Ct. No. CR 136371 A jury in San Diego County Superior Court convicted defendant Bryan Maurice Jones in 1994 of the first degree murders of JoAnn Sweets and Sophia Glover […]
People v. Mai
Filed 8/26/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S089478 v. Orange County HUNG THANH MAI, Super. Ct. No. 96NF 1961 Defendant and Appellant. ____________________________________) Defendant Hung Thanh Mai was convicted by the court, as charged, of the first degree murder of Don Joseph Burt (Pen. Code, ?? 187, 189).1 The […]
People v. Edwards
Filed 8/22/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S073316 v. ROBERT MARK EDWARDS, Orange County Defendant and Appellant. Super. Ct. No. 93WF1180 Defendant Robert Mark Edwards was convicted of the first degree murder of Marjorie Deeble. (Pen. Code,1 ?? 187, subd. (a), 189.) The jury also found true the special […]
Reilly v. Super. Ct.
Filed 8/19/13 IN THE SUPREME COURT OF CALIFORNIA KEVIN MICHAEL REILLY, Petitioner, S202280 v. Ct.App. 4/3 G045118 THE SUPERIOR COURT OF ORANGE COUNTY, Orange County Respondent; Super. Ct. No. M11860 ) THE PEOPLE, Real Party in Interest. ____________________________________) We granted review in this case to determine whether a court must dismiss a Sexually Violent Predator […]
Hayes v. Cty. of San Diego
Filed 8/19/13 IN THE SUPREME COURT OF CALIFORNIA CHELSEY HAYES, a Minor, etc., Plaintiff and Respondent, S193997 v. 9th Cir. No. 09-55644 COUNTY OF SAN DIEGO et al., S.D. Cal. No. Defendants and Appellants. 3:07-cv-01738-DMS-JMA Sheriff?s deputies shot and killed Shane Hayes when he came toward them with a large knife in his raised right […]
American Nurses v. Torlakson
Filed 8/12/13 IN THE SUPREME COURT OF CALIFORNIA AMERICAN NURSES ASSOCIATION et al., Plaintiffs and Respondents, S184583 v. Ct.App. 3 C061150 TOM TORLAKSON, as Superintendent, etc., et al., Sacramento County Super. Ct. No. 07AS04631 Defendants and Appellants; AMERICAN DIABETES ASSOCIATION, ) Intervener and Appellant. Public school students with diabetes who cannot self-administer insulin are normally […]
Elk Hills Power v. Board of Equalization
Filed 8/12/13 IN THE SUPREME COURT OF CALIFORNIA ELK HILLS POWER, LLC, Plaintiff and Appellant, S194121 v. Ct.App. 4 D056943 BOARD OF EQUALIZATION et al., San Diego County Super. Ct. No. 37-2008- Defendants and Respondents. ) 00097074-CU-MC-CTL This case presents questions regarding how the State Board of Equalization (Board) may assess the value of an […]
People v. Martinez
Filed 8/8/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S199495 v. Ct.App. 6 H036687 RODRIGO MARTINEZ MARTINEZ, Santa Clara County Defendant and Appellant. Super. Ct. No. 156569 Penal Code section 1016.5 requires that before accepting a plea of guilty or nolo contendere to any criminal offense, the trial court must advise […]
People v. Maciel
Filed 8/8/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S070536 v. LUIS MACIEL, Los Angeles County Defendant and Appellant. Super. Ct. No. BA108995 Defendant Luis Maciel was convicted of the first degree murders of Anthony Moreno, Maria Moreno, Gustavo Aguirre, Laura Moreno, and Ambrose Padilla. (Pen. Code, ?? 187, subd. (a), […]
Neighbors etc. v. Exposition Metro Line
Filed 8/5/13 IN THE SUPREME COURT OF CALIFORNIA NEIGHBORS FOR SMART RAIL, Plaintiff and Appellant, S202828 v. Ct.App. 2/8 B232655 EXPOSITION METRO LINE CONSTRUCTION AUTHORITY et al., Los Angeles County Defendants and Respondents; ) Super. Ct. No. BS125233 LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION ) AUTHORITY et al., Real Parties in Interest. This case presents a […]
Western States Petroleum etc. v. State Bd. of Equalization
Filed 8/5/13 IN THE SUPREME COURT OF CALIFORNIA WESTERN STATES PETROLEUM ASSOCIATION, Plaintiff and Respondent, S200475 v. Ct.App. 2/8 B225932 BOARD OF EQUALIZATION, Los Angeles County Defendant and Appellant. Super. Ct. No. BC403167 This case presents the issue of how petroleum refinery property should be valued for purposes of taxation. In 1979, in response to […]
Rose v. Bank of America
Filed 8/1/13 IN THE SUPREME COURT OF CALIFORNIA HAROLD ROSE et al., Plaintiffs and Appellants, S199074 v. Ct.App. 2/2 B230859 BANK OF AMERICA, N.A., Los Angeles County Defendant and Respondent. Super. Ct. No. BC433460 May a claim of unlawful business practice under California?s unfair competition law be based on violations of a federal statute, after […]
Zhang v. Super. Ct.
Filed 8/1/13 IN THE SUPREME COURT OF CALIFORNIA YANTING ZHANG, Petitioner, S178542 v. Ct.App. 4/2 E047207 THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, San Bernardino County Respondent; Super. Ct. No. CIVVS701287 CALIFORNIA CAPITAL INSURANCE COMPANY, Real Party in Interest. This case arises at the intersection of the Unfair Competition Law (UCL; Bus. & Prof. Code, […]
People v. Davis
Filed 7/25/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S198434 v. Ct.App. 2/4 B229615 ZACHARY EDWARD DAVIS, Los Angeles County Defendant and Appellant. Super. Ct. No. BA367204 The question presented here is the sufficiency of the evidence to prove a given material is a controlled substance regulated by the Health and […]
People v. Rogers
Filed 7/25/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S080840 v. Los Angeles County GLEN ROGERS, Super. Ct. No. BA109525 Defendant and Appellant. A jury convicted defendant Glen Rogers of the first degree murder of Sandra Gallagher (Pen. Code, ? 187, subd. (a)),1 and arson of property (? 451, subd. (d)). […]
People v. Cottone
Filed 7/22/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S194107 v. Ct.App. 4/3 G042923 LEE VINCENT COTTONE, Orange County Defendant and Appellant. Super. Ct. No. 06HF1734 Under Evidence Code section 1108,1 in the trial of sexual offense charges, evidence the defendant committed another sexual offense may be admissible to prove that […]
PEOPLE v. JOHNSON, 57 Cal.4th 250 (2013)
Filed 7/18/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S202790 v. Ct.App. 5 F057736 COREY RAY JOHNSON, Kern County Defendant and Appellant. Super. Ct. No. BF122135A ____________________________________) THE PEOPLE, Plaintiff and Respondent, v. Ct.App. 5 F057736 JOSEPH KEVIN DIXON, Kern County Defendant and Appellant. Super. Ct. No. BF122135B ____________________________________) THE PEOPLE, […]
People v. Smith
Filed 7/18/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S201186 v. Ct.App. 2/1 B223181 DEWONE T. SMITH, Los Angeles County Defendant and Appellant. Super. Ct. No. BA337647 ____________________________________) Defendant Dewone T. Smith was charged with resisting an executive officer in the performance of his duties under Penal Code section 69 (hereafter […]
Today’s Fresh Start v. LA County Office of Ed.
Filed 7/11/13 IN THE SUPREME COURT OF CALIFORNIA TODAY?S FRESH START, INC., Plaintiff and Respondent, S195852 v. Ct.App. 2/1 B212966 LOS ANGELES COUNTY OFFICE OF EDUCATION et al., Los Angeles County Super. Ct. No. BS112656 Defendants and Appellants. ____________________________________) TODAY?S FRESH START, INC., Plaintiff and Appellant, Ct.App. 2/1 B214470 v. Los Angeles County LOS ANGELES […]
People v. Mata
Filed 7/8/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S201413 v. Ct.App. 2/1 B226256 FRANCIS MATA, Los Angeles County Defendant and Appellant. Super. Ct. No. BA366071 In People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler), this court held that, if a jury ?has been partially or totally stripped of members of […]
People v. DeHoyos
Filed 7/8/13 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S034800 v. RICHARD LUCIO DeHOYOS, Orange County Defendant and Appellant. Super. Ct. No. C-77640 ____________________________________) A jury found defendant Richard Lucio DeHoyos guilty of the 1989 first degree murder of nine-year-old Nadia Puente. (Pen. Code, ? 187, subd. (a).)1 The jury determined […]