The Association sought extraordinary writ relief from the court, arguing that two measures intended to stabilize school funding by reducing or eliminating the diversion of property tax revenues from school districts to the state’s community redevelopme… Continue reading
Petitioner was convicted of second degree murder committed in 1987, and was sentenced to a term of 15 years to life in prison with a two-year enhancement for firearm use. At issue was whether a majority of Division One of the Fourth District Court of A… Continue reading
Plaintiffs, claims adjusters employed by defendants, filed four class action lawsuits alleging defendants erroneously classified them as exempt “administrative” employees, seeking damages based on unpaid overtime work. At issue was whether plaintiffs w… Continue reading
Defendant was convicted of assault with a firearm and the jury found true two sentence enhancement allegations as to that crime: personal use of a firearm and personal infliction of great bodily injury. At issue was the relevance, if any, of Penal Code… Continue reading
Defendant was convicted of four counts of first degree murder when she shot and killed her four young children. A jury found true as to each murder the special circumstance allegation that defendant had committed multiple murders and defendant personal… Continue reading
The juvenile court committed a juvenile ward to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities (DJF) based on his commission of a sex offense listed in Penal Code section 290.008(c). At issue was whether a court could commit to the DJF a juvenile who had not committed an offense described in Welf. & Inst. Code, 707(b). The court concluded that a juvenile court lacked authority to commit a ward to the DJF under Welf. & Inst. Code, 731(a)(4) if that ward had never been adjudged to have committed an offense described in section 707(b), even if his or her most recent offense alleged in a petition and admitted or found true by the juvenile court was a sex offense set forth in section 290.008(c) as referenced in Welf. & Inst. Code, 733(c). Accordingly, the court reversed the judgment of the Court of Appeal. View “In re C.H.” on Justia Law
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A jury charged codefendants, Michael Allen and Cleamon Johnson, of the first degree murders of two victims, with multiple-murder special-circumstance findings as to both. After Allen waived his right to a jury trial, the court found that he had previously been convicted of first degree murder. The jury returned verdicts of death for both defendants. During the guilt phase deliberations, two jurors reported their concern that another juror had made up his mind before the case was submitted to the jury. After speaking with all panel members, the trial court discharged that juror for having prejudged the case, and for having relied on evidence not presented at trial. The court held that because the record did not show to a demonstrable reality that Juror No. 11 was unable to discharge his duty, the court abused its discretion by removing him. Accordingly, both guilt and penalty phase judgments must be reversed. In view of the disposition, the court need not address defendants’ remaining claims. View “People v. Allen & Johnson” on Justia Law
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Pursuant to a plea bargain, defendant pleaded guilty to cultivation of marijuana and admitted to having suffered a prior conviction and having violated probation in two other cases. At issue was under what circumstances was a trial court obligated to c… Continue reading