Reasonable Doubts - Aug 12, 2010
Chain of custody - blood sample
People v. Hall (B215310, 2d Dist, 8/9/10) Cal.App.4th
Defendant did not forfeit right to argue chain of custody by failing to renew objection. "Once an objection has been fully considered and overruled, it is not necessary to repetitiously renew the objection in the same trial to preserve the issue on appeal." Distinguishes People v. Holloway (2004) 33 Cal.4th 96 and People v. Morris (1991) 53 Cal.3d 152 (overruled on other grounds in People v. Stansbury (1995) 9 Cal.4th 824, 830, fn. 1 because there the objection was made in a pretrial or in limine context and counsel failed to renew it at trial. However, the chain of custody was adequate, because, taking all the circumstances into account, including ease or difficulty in altering the evidence, it was reasonably certain there was no alteration. Defendant failed to show there was any tampering, and defendant had admitted he was "tanked."
Death penalty - issues
People v. Brady (S078404, S.Ct., 8/9/10) Cal.4th
Conviction for degree murder of police officer and death sentence affirmed over claims of error re: 1) trial court's exclusion of certain evidence including third party culpability and possible bias in key witness's testimony; 2) sufficiency of evidence to support first degree murder verdict; 3) alleged Griffin error; 4) jury instruction on consciousness of guilt; 5) admission of victim impact evidence; 6) prosecutorial misconduct during closing; 7) jury instruction on juror's refusal to deliberate; 8) denial of modification of death verdict; 9) arbitrary imposition of the death penalty; 10) delay in appointment of appellate counsel; 11) execution following lengthy confinement; and 12) constitutional challenges to California's death penalty statute.
Drugs - marijuana transportation and related offenses
People v. Busch (C061186, 3d Dist, 8/4/10) Cal.App.4th
No requirement that defendant knew he was transporting more than 28.5 grams of marijuana. Knowledge requirement means just knowledge of narcotic character, not of quantity. Possession of marijuana not lesser included, as one can transport without possessing, as aider and abettor. Evidence sufficient, as defendant exercised joint dominion and control.
Jury selection - no Wheeler/Batson error
People v. Cox (B207285, 2d Dist, 8/1/10) Cal.App.4th
No constitutional error in jury selection as trial court made "a sincere and reasoned effort to evaluate the nondiscriminatory justifications provided by the deputy district attorney" to explain nine peremptory challenges against African-American jurors.
New trial - denial of motion
People v. Hall (B215310, 2d Dist, 8/9/10) Cal.App.4th
Reviewing court should consider these factors to determine if new trial should be granted: 1) That the evidence, and not merely its materiality, be newly discovered; 2) that the evidence be not cumulative merely; 3) that it be such as to render a different result probable on a retrial of the case; 4) that the party could not with reasonable diligence have discovered and produced it at the trial; and 5) that these facts be shown by the best evidence of which the case admits. (People v. Delgado (1993) 5 Cal.4th 312, 328.) In addition, the newly discovered evidence must contradict the strongest evidence against the defendant. (Delgado, supra, 5 Cal.4th at p. 329.) Here, the new evidence only served to contradict an expert's testimony.
Restitution - repair costs higher than replacement
People v. Stanley (C063661, 3d Dist, 8/3/10) Cal.App.4th
Court may award cost of repairing vehicle damaged by defendant, even if repair cost exceeds replacement value of vehicle. Agrees with In re Dina V. (2007) 151 Cal.App.4th 486 and disagrees with People v. Yanez (1995) 38 Cal.App.4th 1622.
Restitution - no clear statement of calculation method
People v. Jones (C063113, 3d Dist, 8/11/10) Cal.App.4th
El Dorado County Judge Douglas Phimister failed to make a clear statement of the calculation method used to reach $4,468.40 figure for damage to camper involved in hit and run (defendant pleaded guilty to drunk driving, hit and run was dismissed with Harvey waiver). (See People v. Giordano (2007) 42 Cal.4th 644, 664.) Court remands for a new hearing and asks trial court to also consider proximate causation in deciding whether to award restitution for damage to victim's bumper, caused when she was parking to make a court appearance.
Sex registration - Eighth Amendment challenge
In re Coley (B224400, 2d Dist, 8/4/10) Cal.App.4th
Twenty-five years to life sentence for violating Penal Code section 290(a)(1)(D) (failure to register as sex offender yearly within 5 days of birthday) with two strikes does not violate Eighth Amendment. Disagrees with People v. Carmony (2005) 127 Cal.App.4th 1066. Note that Cal. Supreme Court sent the case back with orders to consider the decision in light of Carmony. Court goes to great lengths to describe the prior offenses.
Shooting at occupied vehicle - body outside vehicle but hand inside
People v. Jones (D055087, 4th Dist, 8/9/10) Cal.App.4th
Jury properly instructed that defendant could be convicted of shooting at an occupied vehicle if she was standing outside the vehicle, and reached in through the window to fire the gun. Case of first impression in interpreting word "at" in Penal Code section 246.
