Prejudice Archives

Categories: Appeals, PC 1473.7 Motion Immigration Consequences, Pleas, Prejudice

Summary

An independent standard of review, under which an appellate court determines whether the facts satisfy the rule of law, applies to all prejudice determinations under Penal Code section 1473.7, subdivision (a)(1). Vivar entered the United States from Mexico in 1962…

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Name: People v. Stutelberg

Case #: D073266

Opinion Date: 11/21/2018

Categories: Appeals, Crimes, Crimes Against the Person, General Principles, Jury Instructions, Prejudice

Summary

Erroneous jury instructions allowing jury to conclude that a box cutter is an inherently deadly weapon constituted legal error, requiring reversal of one count. During an altercation outside a bar, Stutelberg jabbed a box cutter at Michelle and Chris, cutting…

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Name: In re Loza

Case #: G054978

Opinion Date: 09/28/2018

Categories: Aiding and Abetting, Appeals, Crimes, Crimes Against the Person, General Principles, Jury Instructions, Prejudice

Summary

Premeditated murder conviction reversed where record did not reflect whether the verdict was based on a theory of direct aiding and abetting or a natural and probable consequences theory, which was invalidated in People v. Chiu (2014) 59 Cal.4th 155.…

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Name: People v. Gonzalez

Case #: S234377

Opinion Date: 06/04/2018

Categories: Appeals, General Principles, Jury Instructions, Prejudice

Summary

Although the trial court erroneously failed to instruct on murder with malice aforethought, its lesser included offenses, and defenses, the jury's finding on a robbery special circumstance rendered the error harmless. Three defendants were convicted of first degree felony murder…

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Name: People v. Aledamat

Case #: B282911

Opinion Date: 03/01/2018

Categories: Appeals, Crimes, Elements of Crimes, Prejudice, Review Principles

Summary

Conviction for assault with a deadly weapon reversed where the instructions permitted the jury to convict on the legally invalid theory that a box cutter was an inherently deadly weapon. The defendant thrust the exposed blade of a box cutter…

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Name: People v. Merritt

Case #: S231644

Opinion Date: 03/20/2017

Categories: Appeals, Areas Constitutional Law, Due Process, General Principles, Jury Instructions, Prejudice

Summary

Trial court's error in failing to instruct the jury on the elements of robbery was not reversible per se and was instead harmless beyond a reasonable doubt. Merritt was charged with robbery. The trial court failed to instruct the jury…

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Name: People v. Forrest

Case #: B261130

Opinion Date: 01/25/2017

Categories: All Other Crimes, Appeals, By CALCRIM Number, By Prosecutor, Closing Argument, Crimes, General Principles, Jury Instructions, Mens Rea, Misconduct, Prejudice, Trial Proceedings

Summary

Prosecutor's misstatements concerning the interplay between voluntary intoxication and intent in a first degree murder trial were forfeited and harmless. Forrest shot his wife in the head then moved her body into a bath tub and disemboweled her. He documented…

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Name: People v. Vega-Robles

Case #: A137121

Opinion Date: 05/05/2015

Categories: Aiding and Abetting, Appeals, Areas Constitutional Law, By CALCRIM Number, Conspiracy, Crimes, Double Jeopardy, Due Process, Evidence, Gang Affiliation, Insufficiency/Sufficiency of, Jury Instructions, Prejudice

Summary

First degree premeditated murder conviction reversed because it may have been based on the natural and probable consequences doctrine. Vega-Robles was convicted of numerous gang-related crimes, including the first degree murder of Grockett. The evidence at trial showed that Vega-Robles…

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Name: People v. Anderson

Case #: B245674

Opinion Date: 03/10/2015

Categories: Appeals, Ineff. Assist. Counsel (IAC), Prejudice, Right to Counsel

Summary

Although appellant was deprived of his right to competent counsel at the preliminary hearing, relief was not available following his trial absent a showing he suffered prejudice. Anderson was convicted of first degree murder and several enhancements, plus three prior…

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Name: Taylor v. Cate

Case #: 11-55247

Opinion Date: 11/19/2014

Categories: Appeals, Areas Constitutional Law, Due Process, Extraordinary Remedies, Habeas Corpus (Federal), Prejudice, Right to Jury Trial, Trial Proceedings

Summary

Defendant denied right to jury trial when he was resentenced as an aider and abettor based on facts that conflicted with the jury's findings. In 1987 two men entered a fast-food restaurant: one sat at a table in the dining…

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