calhomicideappeals.com
California Homicide Appeals: 2/1 again finds instructional error in a kill zone attempted murder case
http://www.calhomicideappeals.com/2016/04/21-again-finds-instructional-error-in.html
A blog by attorney David Andreasen about developments in California homicide law and appellate practice. Monday, April 18, 2016. 2/1 again finds instructional error in a kill zone attempted murder case. When and how to apply the “kill zone”. Theory of attempted murder, which prosecutors frequently argue on when a defendant fires multiple shots into a crowd of people, has caused some disagreement. And Peoplev. Sek. And People v. Canizales. While last week’s decision in People v. Cardona. That there was in...
calhomicideappeals.com
California Homicide Appeals: August 2015
http://www.calhomicideappeals.com/2015_08_01_archive.html
A blog by attorney David Andreasen about developments in California homicide law and appellate practice. Monday, August 31, 2015. Oral argument today in Jones v. Davis - do delays in CA's death penalty render it unconstitutional? Oral argument in Jones v. Davis. Is today - A 9th Circuit panel is reviewing Federal District Court Judge Cormac J. Carney's ruling. This claim in a direct appeal. Today's LA Times. Friday, August 28, 2015. One in 100,000? At pp 22-23.). That ruling makes sense if your goal is t...
calhomicideappeals.com
California Homicide Appeals: When it comes to kill zone theory, McCloud is alive and well, at least for now
http://www.calhomicideappeals.com/2015/04/when-it-comes-to-kill-zone-theory.html
A blog by attorney David Andreasen about developments in California homicide law and appellate practice. Monday, April 27, 2015. When it comes to kill zone theory, McCloud is alive and well, at least for now. In 2012, People v.McCloud. In 2014, however, two cases out of 4/2 disagreed with McCloud. On this point. People v. Windfield. And People v. Canizales. On another issue) and Canizales. Finds broader support among the intermediate appellate courts. Finding several misstatements of the law in CALJIC No...
calhomicideappeals.com
California Homicide Appeals: April 2016
http://www.calhomicideappeals.com/2016_04_01_archive.html
A blog by attorney David Andreasen about developments in California homicide law and appellate practice. Tuesday, April 26, 2016. 1/4 agrees with 4/3 that People Chiu is retroactive, but sets a lower bar for getting relief. Earlier this month 4/3 held that People v. Chiu. Cal SC) is retroactive to defendants whose cases where final when that case was decided. ( In re Lopez. Less than two week after Lopez. Was decided, a second published decision, In re Johnson. Was retroactive ( Id. 4/3) when defendants ...
calhomicideappeals.com
California Homicide Appeals: July 2015
http://www.calhomicideappeals.com/2015_07_01_archive.html
A blog by attorney David Andreasen about developments in California homicide law and appellate practice. Friday, July 31, 2015. A Catch-22 for capital defendants trying to preserve evidence for habeas investigation? At p 10.) Though the court appears to acknowledge that an active habeas investigation would provide the requisite jurisdiction for the preservation order, didn’t think it was sufficient that habeas investigation will definitely take place at some point in the future. ( Id. 2/4) is a case abou...
calhomicideappeals.com
California Homicide Appeals: September 2015
http://www.calhomicideappeals.com/2015_09_01_archive.html
A blog by attorney David Andreasen about developments in California homicide law and appellate practice. Tuesday, September 29, 2015. Santa Barbara DA claims expert psych testimony is "junk science" - but only when it comes from the defense. Last year in People v. Elmore. At p 146.) Today in People v. Leeds. At pp 11-13.) This sounds right in line with Elmore. To me More interesting is the following line about the evidence presented by the prosecution:. Dr Margaret Hagen, author of Whores of the Court:.
calhomicideappeals.com
California Homicide Appeals: February 2016
http://www.calhomicideappeals.com/2016_02_01_archive.html
A blog by attorney David Andreasen about developments in California homicide law and appellate practice. Monday, February 22, 2016. Cal Supremes hold judges can't grant defense witnesses immunity when prosecutors refuse. California law authorizes prosecutors to grant a witness “use immunity,” which allows the state to force a witness to testify despite the existence of an otherwise valid Fifth Amendment privilege against self-incrimination. ( Pen. Code, § 1324. At p 34.) The court did leave open the ...
calhomicideappeals.com
California Homicide Appeals: 1/4 agrees with 4/3 that People Chiu is retroactive, but sets a lower bar for getting relief
http://www.calhomicideappeals.com/2016/04/14-agrees-with-43-that-people-chiu-is.html
A blog by attorney David Andreasen about developments in California homicide law and appellate practice. Tuesday, April 26, 2016. 1/4 agrees with 4/3 that People Chiu is retroactive, but sets a lower bar for getting relief. Earlier this month 4/3 held that People v. Chiu. Cal SC) is retroactive to defendants whose cases where final when that case was decided. ( In re Lopez. Less than two week after Lopez. Was decided, a second published decision, In re Johnson. Was retroactive ( Id. 4/3) when defendants ...
calhomicideappeals.com
California Homicide Appeals: March 2016
http://www.calhomicideappeals.com/2016_03_01_archive.html
A blog by attorney David Andreasen about developments in California homicide law and appellate practice. Thursday, March 31, 2016. 2/4 disagrees with 4/2 on whether jury's felony murder verdict means the failure to instruct on malice murder lessors was harmless. 4/2), at pp. 157-162.) Yesterday’s decision in People v.Gonzalez. 2/4) agrees with Campbell. On this point. ( Gonzalez, supra,. At pp 27-29.) The Campbell. Court says this bright-line rule was rejected in People v. Flood. At pp 167, 172.). Court ...
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