eBriefs May 24, 2019

FRIDAY, MAY 24, 2019


California Supreme Court

Criminal Law and Procedure

Evidence of a defendant’s prior contentious encounters involving his victim, a law enforcement officer, as well as his comments indicating he was tired to being “harassed,” were sufficient to allow a jury to find the defendant acted with deliberate premeditation in killing the victim. Use of CALJIC No. 8.71 was not erroneous where the jury was also instructed with CALJIC No. 8.74 and No. 17.40. A jury’s finding that the defendant personally used a firearm in violation of Penal Code §12022.5(a)(1) alone was sufficient to establish assault.

People v. Rivera; filed May 23, 2019


Cite as 2019 S.O.S. 2430


Criminal Law and Procedure

A trial court did not abuse its discretion in admitting evidence of a defendant’s other crimes given the common characteristics between the incidents, and the fact that the prior incidents involved less inflammatory conduct than the charges against him. The proper standard for determining when a prospective juror may be excluded for cause because of her views on capital punishment is whether the juror’s views will prevent or substantially impair her ability to perform her duties as a juror; a judge does not need to find that a prospective juror in a capital case would be unable to vote for the death penalty, but such a finding is a sufficient basis to excuse the juror for cause. A penalty retrial following a hung jury does not violate a defendant’s rights to a fair jury trial, reliable penalty determinations, freedom from cruel and unusual punishment, due process and equal protection.

People v. Erskine; filed May 23, 2019


Cite as 2019 S.O.S. 2444


Criminal Law and Procedure

When a criminal defendant posts bail, a trial court still has authority to impose reasonable conditions related to public safety.

In re Webb; filed May 23, 2019


Cite as 2019 S.O.S. 2453


California Court of Appeal

Criminal Law and Procedure

A defendant sentenced pursuant to a stipulated sentence prior to the passage of Senate Bill 1393 must obtain a certificate of probable cause before seeking a remand for resentencing under the new law.

People v. Gallindo; First District, Div. One; filed May 22, 2019


Cite as 2019 S.O.S. 2456