Filed 5/21/14 Unmodified opinion attached IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S059912 v. JOSEPH MANUEL MONTES, Riverside County Defendant and Appellant. Super. Ct. No. CR 58553 ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING THE COURT: The opinion herein, published at 58 Cal.4th 809, is modified as follows: In the […]
Category: 2014
People v. Scott
Filed 5/19/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Appellant, S211670 v. Ct.App. 6 H037923 JAMES RUSSELL SCOTT, Monterey County Defendant and Respondent. Super. Ct. No. SS080912 ____________________________________) In 2011, the Legislature enacted and amended the 2011 Realignment Legislation addressing public safety (Stats. 2011, ch. 15, ? 1; Stats. 2011, 1st Ex. […]
Marr. of Valli
Filed 5/15/14 Reposted to correct Court of Appeal docket number; no change to opinion text IN THE SUPREME COURT OF CALIFORNIA In re the Marriage of FRANKIE and RANDY VALLI. ____________________________________) FRANKIE VALLI, Respondent, S193990 v. Ct.App. 2/5 B222435 RANDY VALLI, Los Angeles County Appellant. Super. Ct. No. BD414038 ____________________________________) During a marriage the husband […]
Marr. of Valli
Filed 5/15/14 IN THE SUPREME COURT OF CALIFORNIA In re the Marriage of FRANKIE and RANDY VALLI. ____________________________________) FRANKIE VALLI, Respondent, S193990 v. Ct.App. 2/5 B222535 RANDY VALLI, Los Angeles County Appellant. Super. Ct. No. BD414038 ____________________________________) During a marriage the husband used community property funds to purchase an insurance policy on his life, naming […]
People v. Gutierrez
Filed 5/5/14 Reposted to correct formatting; no change to opinion text IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S206365 v. Ct.App. 2/6 B227606 LUIS ANGEL GUTIERREZ, Ventura County Defendant and Appellant. Super. Ct. No. 05051378-8 ____________________________________) THE PEOPLE, Plaintiff and Respondent, S206771 v. Ct.App. 1/5 A133032 ANDREW LAWRENCE MOFFETT, Contra Costa […]
People v. Chism
Filed 5/5/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S101984 v. CALVIN DION CHISM, Los Angeles County Defendant and Appellant. Super. Ct. No. NA043605 ____________________________________) A jury convicted defendant Calvin Dion Chism of the first degree murder (Pen. Code, ? 187, subd. (a) (count one))1 and attempted robbery (?? 211/664 (count […]
People v. Hajek and Vo
Filed 5/5/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S049626 v. Santa Clara County STEPHEN EDWARD HAJEK Super. Ct. No. 148113 AND LOI TAN VO, Defendants and Appellants. Defendants Stephen Edward Hajek and Loi Tan Vo were convicted of the 1991 murder of Su Hung (Pen. Code, ? 187)1 as to […]
Loeffler v. Target Corporation
Filed 5/1/14 IN THE SUPREME COURT OF CALIFORNIA KIMBERLY LOEFFLER et al., Plaintiffs and Appellants, S173972 v. Ct.App. 2/3 B199287 TARGET CORPORATION, Los Angeles County Defendant and Respondent. Super. Ct. No. BC360004 Plaintiffs are consumers who contend that defendant retailer represented that it properly was charging and in fact charged them sales tax reimbursement on […]
People v. Suff
Filed 4/28/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S049741 v. WILLIAM LESTER SUFF, Riverside County Defendant and Appellant. Super. Ct. No. CR 44010 ____________________________________) A jury convicted William Lester Suff of the first degree murders of Kimberly Lyttle, Tina Leal, Darla Ferguson, Carol Miller, Cheryl Coker, Susan Sternfeld, Kathleen Milne […]
Holland v. Assessment Appeals Bd.
Filed 4/16/14 (unmodified version attached) IN THE SUPREME COURT OF CALIFORNIA JOSEPH E. HOLLAND, as Assessor, etc., ) Plaintiff and Appellant, S205876 v. Ct.App. 2/6 B229656 ASSESSMENT APPEALS BOARD NO. 1, ) Defendant and Respondent; ) Santa Barbara County Super. Ct. No. 01244457 RANCHO GOLETA LAKESIDE MOBILEERS, INC., et al., Real Parties in Interest and […]
In re Champion
Filed 4/14/14 IN THE SUPREME COURT OF CALIFORNIA In re STEVE ALLEN CHAMPION on Habeas Corpus. S065575 ____________________________________) Petitioner Steve Allen Champion seeks relief on habeas corpus from the judgment of death entered against him in 1982 in Los Angeles Superior Court, case No. A365075. On direct appeal, we affirmed that judgment and a judgment […]
People v. Arriaga
Filed 4/7/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S199339 v. Ct.App. 2/2 B225443 VICTOR D. ARRIAGA, Los Angeles County Defendant and Appellant. Super. Ct. No. A537388 ____________________________________) Before accepting a plea of guilty or no contest, a trial court is statutorily required to advise a defendant that if the defendant […]
In re Alonzo J.
Filed 4/3/14 IN THE SUPREME COURT OF CALIFORNIA In re ALONZO J., a Person Coming Under the Juvenile Court Law. ____________________________________) THE PEOPLE, Plaintiff and Respondent, S206720 v. Ct.App. 3 C068046 ALONZO J., Sacramento County Defendant and Appellant. Super. Ct. No. JV130980 ____________________________________) In a juvenile delinquency proceeding, a 13-year-old child was being detained in […]
In re D.B.
Filed 4/3/14 IN THE SUPREME COURT OF CALIFORNIA In re D.B., a Person Coming Under the Juvenile Court Law. ___________________________________ ) THE PEOPLE, Plaintiff and Respondent, S207165 v. Ct.App. 3 C067353 D.B., Sacramento County Defendant and Appellant. Super. Ct. No. JV125361 ____________________________________) In this case, we answer a question we anticipated but left unresolved in […]
People v. Black
Filed 3/27/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S206928 v. Ct. App. 1/1 A131693 CHARLES ALEX BLACK Alameda County Defendant and Appellant. Super. Ct. No. C163496 During voir dire, the trial court denied defendant?s challenges to two prospective jurors on incompetence grounds (i.e., grounds that rendered them removable for cause). […]
People v. Montes
Filed 3/13/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S059912 v. JOSEPH MONTES, Riverside County Defendant and Appellant. Super. Ct. No. CR-58553 A Riverside County jury found defendant Joseph Montes guilty of first degree murder (Pen. Code, ?? 187, 189) (count I)),1 kidnapping during the commission of a carjacking (? 209.5) […]
People v. Gray
Filed 3/13/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S202483 v. Ct.App. 2/3 B236337 STEVEN EDWARD GRAY, Los Angeles County Defendant and Appellant. Super. Ct. No. C165383 Statutory law allows a city to install at an intersection an automated traffic enforcement device that photographs a traffic law offender, who is then […]
People v. Jackson
Filed 3/3/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S086269 v. Riverside County JONATHAN KEITH JACKSON, Super. Ct. No. CR-69388 Defendant and Appellant. A jury convicted defendant Jonathan Keith Jackson of the first degree murder of Monique Cleveland (Pen. Code, ? 187),1 the willful, deliberate, and premeditated attempted murder of Robert […]
People v. Shockley
Filed 2/26/14 (Unmodified opinion attached) IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S189462 v. THOMAS RAYMOND SHOCKLEY, Stanislaus County Defendant and Appellant. Super. Ct. No. 1238243 ____________________________________) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING THE COURT: The opinion in this matter filed on December 26, 2013, and appearing at 58 […]
Ennabe v. Manosa
Filed 2/24/14 IN THE SUPREME COURT OF CALIFORNIA FAIEZ ENNABE, Individually and as Administrator, etc., et al., Plaintiffs and Appellants, S189577 v. Ct.App. 2/1 B222784 CARLOS MANOSA et al., Los Angeles County Defendants and Respondents. ) Super. Ct. No. KC053945 Beginning in 1971 this court decided three cases that together reversed decades of previous law […]
People v. Rodriguez
Filed 2/20/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S122123 v. ANGELINA RODRIGUEZ, Los Angeles County Defendant and Appellant. Super. Ct. No. BA213120 A jury convicted defendant Angelina Rodriguez of the first degree murder of her husband, Jose Francisco Rodriguez, under the special circumstances of murder by administering poison and murder […]
Fahlen v. Sutter Central Valley Hospitals
Filed 2/20/14 IN THE SUPREME COURT OF CALIFORNIA MARK T. FAHLEN, Plaintiff and Respondent, S205568 v. Ct.App. 5 F063023 SUTTER CENTRAL VALLEY ) HOSPITALS et al., Stanislaus County Defendants and Appellants. Super. Ct. No. 662696 ____________________________________) In Westlake Community Hosp. v. Superior Court (1976) 17 Cal.3d 465 (Westlake), we held that, before a physician may […]
People v. Infante
Filed 2/20/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Appellant, S206084 v. Ct.App. 4/3 G046177 DANIEL INFANTE, Orange County Defendant and Respondent. Super. Ct. No. 10NF1137 Under California law, possession of a firearm by a felon is a felony. (Pen. Code,1 former ? 12021, subd. (a)(1), as amended by Stats. 2008, ch. […]
In re Lira
Filed 2/3/14 IN THE SUPREME COURT OF CALIFORNIA In re JOHNNY LIRA S204582 on Habeas Corpus. Ct.App. 6 H036162 Santa Clara County Super. Ct. No. 76836 A life inmate is found suitable for parole and given a parole date by the Board of Parole Hearings (the Board). The Governor reverses the grant of parole, the […]
People v. Duff
Filed 1/30/14 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S105097 v. DEWEY JOE DUFF, Sacramento County Defendant and Appellant. Super. Ct. No. 98F01583 A jury convicted defendant Dewey Joe Duff of two counts of first degree murder with robbery and multiple-murder special circumstances, as well as various lesser crimes, for the […]