Category: 2015

Filed 4/30/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S097414 v. KIM RAYMOND KOPATZ, Riverside County Defendant and Appellant. Super. Ct. No. RIF086350 A jury convicted defendant Kim Raymond Kopatz of the first degree murders of Mary Kopatz and Carley Kopatz. (Pen. Code, ? 187.)1 It found true the special circumstance […]

Filed 4/27/15 Reposted to correct superior court docket number; no change to opinion text. IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S112442 v. Shasta County PAUL GORDON SMITH, JR., Super. Ct. No. 98F2652 Defendant and Appellant. A jury convicted defendant Paul Gordon Smith, Jr., of the first degree murder of Lora […]

Filed 4/27/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S112442 v. Shasta County PAUL GORDON SMITH, JR., Super. Ct. No. 98F26452 Defendant and Appellant. A jury convicted defendant Paul Gordon Smith, Jr., of the first degree murder of Lora Sinner, with the special circumstance of torture.1 The jury also found defendant […]

Filed 4/23/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S217128 v. Ct.App. 1/5 A136655 DARREN DERAE SASSER, Alameda County Defendant and Appellant. Super. Ct. No. C156534 When a defendant with one prior ?strike? is convicted of a subsequent felony, the second-strike provision of the Three Strikes law requires that he be […]

Filed 4/9/15 IN THE SUPREME COURT OF CALIFORNIA CALIFORNIA CHARTER SCHOOLS ASSOCIATION, Plaintiff and Respondent, S208611 v. Ct.App. 2/5 B242601 LOS ANGELES UNIFIED SCHOOL DISTRICT et al., Los Angeles County Defendants and Appellants. Super. Ct. No. BC438336 ____________________________________) In 2000, California voters enacted Proposition 39, which requires school districts to share their facilities with charter […]

Filed 4/6/15 IN THE SUPREME COURT OF CALIFORNIA ASHLEY JOURDAN COFFEY, Plaintiff and Appellant, S213545 v. Ct.App. 4/3 G047562 JEAN SHIOMOTO, as Director, etc., Orange County Defendant and Respondent. ) Super. Ct. No. 30-2012-00549559 A California Highway Patrol officer stopped a car driven by plaintiff Ashley Jourdan Coffey after he observed her driving erratically. Four […]

Filed 4/6/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S205145 v. Ct.App. 6 H036414 DORA DIAZ, Santa Clara County Defendant and Appellant. Super. Ct. No. CC954415 We granted review to resolve a conflict in the Courts of Appeal regarding whether a trial court has the duty to instruct a jury to […]

Filed 3/16/15 IN THE SUPREME COURT OF CALIFORNIA In re HONG YEN CHANG on Admission. ) S223736 ) ____________________________________) THE COURT.* We grant Hong Yen Chang posthumous admission as an attorney and counselor at law in all courts of the state of California. Hong Yen Chang, a native of China, came to this country in […]

Filed 3/5/15 IN THE SUPREME COURT OF CALIFORNIA TRACT 19051 HOMEOWNERS ) ASSOCIATION et al., Plaintiffs and Appellants, S211596 v. Ct.App. 2/4 B235015 MAURICE KEMP et al., Los Angeles County Defendants and Respondents. ) Super. Ct. No. BC398978 The issue before us in this case is the validity of an attorney fee award granted in […]

Filed 3/5/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S211840 v. Ct.App. 4/1 D062693 JAMES ALDEN LOPER, San Diego County Defendant and Appellant. Super. Ct. No. SCD225263 Penal Code section 1170, subdivision (e) (section 1170(e))1 authorizes certain prison authorities to recommend that the superior court recall a previously imposed sentence because […]

Filed 3/2/15 IN THE SUPREME COURT OF CALIFORNIA In re WILLIAM TAYLOR et al. on Habeas Corpus. S206143 Ct.App. 4/1 D059574 San Diego County Super. Ct. Nos. HC19743, HC19742, HC19731, HC19612 ___________________________________ ) On November 7, 2006, the voters enacted Proposition 83, the Sexual Predator Punishment and Control Act: Jessica?s Law (Prop. 83, as approved […]

Filed 3/2/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S187965 v. Ct.App. 4/3 G038379 STEVEN LLOYD MOSLEY, Orange County Defendant and Appellant. Super. Ct. No. 05NF4105 We confront a single, narrow issue. Apprendi v. New Jersey (2000) 530 U.S. 466 (Apprendi) held that the Sixth Amendment generally requires a jury to […]

Filed 3/2/15 IN THE SUPREME COURT OF CALIFORNIA BERKELEY HILLSIDE PRESERVATION et al. Plaintiffs and Appellants, S201116 v. Ct.App. 1/4 A131254 CITY OF BERKELEY et al., Alameda County Defendants and Respondents; ) Super. Ct. No. RG10517314 DONN LOGAN et al., Real Parties in Interest and Respondents. The California Environmental Quality Act (CEQA) (Pub. Resources Code, […]

Filed 2/26/15 IN THE SUPREME COURT OF CALIFORNIA STATE OF CALIFORNIA ex rel. DEPARTMENT OF THE CALIFORNIA HIGHWAY PATROL, Petitioner, S214221 v. Ct.App. 4/3 G047922 THE SUPERIOR COURT OF ORANGE COUNTY, Orange County Respondent; Super. Ct. No. 30-2008-116111 MAYRA ANTONIA ALVARADO et al., Real Parties in Interest. ___________________________________ ) Under the Freeway Service Patrol (FSP) […]

Filed 2/26/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S093235 v. JERROLD ELWIN JOHNSON, Lake County Defendant and Appellant. Super. Ct. No. CR4797 A jury convicted defendant Jerrold Elwin Johnson of the first degree murder of Ellen Salling with the special circumstances of robbery murder, burglary murder, and carjacking murder, as […]

Filed 2/19/15 IN THE SUPREME COURT OF CALIFORNIA STATE DEPARTMENT OF PUBLIC HEALTH, Petitioner, S214679 v. Ct.App. 3 C072325 THE SUPERIOR COURT OF ) SACRAMENTO COUNTY, Sacramento County Respondent; Super. Ct. No. 34-2012-80001044 ) CENTER FOR INVESTIGATIVE ________) REPORTING, ________) ) Real Party in Interest. ) ____________________________________) The Center for Investigative Reporting (the Center) is […]

Filed 1/12/15 (this opn. precedes companion case, S213571, also filed 1/12/15) IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S213687 v. Ct.App. 6 H038316 DONNA MARIE TRUJILLO, Santa Clara County Defendant and Appellant. Super. Ct. No. C1199870 In this case, and in the companion case of People v. Aguilar (Jan. 12, 2015, […]

Filed 1/8/15 IN THE SUPREME COURT OF CALIFORNIA TIM MENDIOLA et al., Plaintiffs, Cross-defendants and Respondents, S212704 v. Ct.App. 2/4 B240519 CPS SECURITY SOLUTIONS, INC., et al., ) (Los Angeles County Defendants, Super. Ct. No. BC388956) Cross-complainants and Appellants. ____________________________________) FLORIANO ACOSTA et al., Plaintiffs, Cross-defendants and Respondents, v. CPS SECURITY SOLUTIONS, INC., et al., […]

Filed 1/5/15 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, Plaintiff and Respondent, S076339 v. GARY LEE GRIMES, Shasta County Defendant and Appellant. Super. Ct. No. 95F7785 ____________________________________) Defendant Gary Lee Grimes was convicted by a jury of one count of murder with burglary and robbery special circumstances and one count each of robbery, burglary, […]

Filed 1/5/15 IN THE SUPREME COURT OF CALIFORNIA CHARLES HUDEC, Petitioner, S213003 v. Ct.App. 4/3 G047465 THE SUPERIOR COURT OF ORANGE COUNTY, Orange County Respondent; Super. Ct. No. C47710 THE PEOPLE, Real Party in Interest. A person found not guilty of a felony by reason of insanity may be committed to a state hospital for […]