eBriefs May 22, 2019



Ninth U.S. Circuit Court of Appeals


Perez v. City of Roseville; filed May 21, 2019


Cite as 2019 S.O.S. 15-16430


California Court of Appeal

Criminal Law and Procedure

CALCRIM No. 361 can be issued when a testifying defendant has failed to explain or deny matters within the scope of relevant cross-examination, not simply those matters that were asked of the defendant on cross-examination; the instruction does not violate a defendant’s due process right to a fair trial.

People v. Grandberry; First District, Div. One; filed April 21, 2019, publication ordered May 21, 2019


Cite as 2019 S.O.S. 2405


Election Law

The Legislature has exempted ballots from disclosure under the California Public Records Act by specific, clear language in Elections Code §15370 and §17301.

Citizens Oversight, Inc. v. Vu; Fourth District, Div. One; filed May 21, 2019


Cite as 2019 S.O.S. 2410



A trial court properly declined to instruct a jury that a defendant’s act of parking his vehicle into the gore point of a freeway constituted negligence per se since that act did not proximately cause the collision between the plaintiff’s vehicle and the defendant’s vehicle when the plaintiff later drove into the same gore point; even if the court erred in refusing to issue the negligence per se instruction, the error was harmless since the jury found the defendant was not negligent for parking his vehicle in the gore point.

Taulbee v. EJ Distribution Corporation; Fourth District, Div. Three; filed April 23, 2019, publication ordered May 20, 2019


Cite as 2019 S.O.S. 2413