Ethical Considerations

Name: People v. Thomas
Case #: B298946
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 05/28/2021
  • Categories: Defense, Ethical Considerations, SB 1437 Felony and NPC Murder, Sentencing

Defendant who was convicted of felony murder before the effective date of Senate Bill No. 1437, but not sentenced until after the law took effect, was entitled to the retroactive benefits of changes in the murder law on direct appeal.…

View Full Summary
Name: Assn. for L.A. Deputy Sheriffs v. Superior Court
Case #: S243855
Court: CA Supreme Court
District CalSup
Opinion Date: 08/26/2019
  • Categories: Areas Constitutional Law, Discovery, Due Process, Ethical Considerations, Evidence, Legislation, Pretrial Motions, Prior Convictions/Impeach, Prosecution, Statutory Construction

Opinion by Chief Justice Cantil-Sakauye (unanimous decision). A law enforcement agency's "Brady list" is confidential to the extent that officers are included on the list based on information obtained from confidential personnel records. In 2016, the Los Angeles County Sheriff's…

View Full Summary
Name: People v. Frandsen
Case #: B280329
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 04/04/2019
  • Categories: Areas Constitutional Law, Due Process, Ethical Considerations, Evidence, Fines/Fees/Assessments, General Principles, Insufficiency/Sufficiency of, Jury Instructions, Prosecution, Restitution, Sentencing

Second degree felony murder rule is not unconstitutionally vague under Johnson v. United States (2015) _U.S._[135 S.Ct. 2551]. Frandsen and several others held two victims hostage at Huang's house because they believed the victims had stolen marijuana from Huang. Frandsen…

View Full Summary
Name: People v. Jimenez
Case #: D073313
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/21/2019
  • Categories: Areas Constitutional Law, Discovery, Double Punishment (PC 654), Due Process, Ethical Considerations, Motion for New Trial, New Discovered Evid, Pretrial Motions, Prosecution, Sentencing

Defendant's motion for new trial was properly denied because a police report used by the prosecution at sentencing, implicating defendant in an unrelated shooting, was not Brady material and there was not a reasonable probability of a different result on…

View Full Summary
Name: IAR Systems Software, Inc. v. Superior Court
Case #: A149087
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 06/05/2017
  • Categories: Areas Constitutional Law, Discovery, Due Process, Ethical Considerations, Pretrial Motions, Prosecution

Private law firm representing company pursuing civil suit against defendant while criminal charges are pending is not part of the prosecution team for purposes of Brady v. Maryland (1963) 373 U.S. 83, absent evidence of an agency-type relationship. IAR filed…

View Full Summary
Name: Zapien v. Martel
Case #: 09-99023
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/09/2015
  • Categories: Areas Constitutional Law, By Prosecutor, Confront/Cross-exam, Due Process, Ethical Considerations, Extraordinary Remedies, Habeas Corpus (Federal), Misconduct, Prosecution

No clearly established U.S. Supreme Court precedent supported defendant's claim that the prosecution's destruction of a defense audio tape with attorney-client work product violated his due process rights. During Zapien's special circumstance murder trial, the prosecutor and his investigator discovered…

View Full Summary
Name: People v. Lewis
Case #: A143106
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 09/09/2015
  • Categories: Areas Constitutional Law, By Prosecutor, Discovery, Due Process, Ethical Considerations, Misconduct, Motion for New Trial, New Discovered Evid, Pretrial Motions, Prosecution

Prosecution's failure to disclose impeachment evidence regarding arresting officer did not violate Brady v. Maryland (1963) 373 U.S. 83 because the evidence was not material. Lewis was convicted of vehicle theft and evading a peace officer. During trial, he filed…

View Full Summary
Name: Comstock v. Humphries
Case #: 14-15311
Court: US Court of Appeals
District 9 Cir
Opinion Date: 05/12/2015
  • Categories: Areas Constitutional Law, Due Process, Ethical Considerations, Extraordinary Remedies, Habeas Corpus (State), Motion for New Trial, New Discovered Evid, Prosecution

Defendant was entitled to federal habeas relief where prosecutor did not disclose evidence that the victim was unsure whether property had actually been stolen. Comstock was convicted in 2004 of possessing stolen property, a ring, which he had pawned. At…

View Full Summary
Name: People v. Christensen
Case #: G048615
District 4 DCA
Division: 3
Opinion Date: 09/10/2014
  • Categories: Admitting/Excluding, Appeals, Areas Constitutional Law, Ethical Considerations, Evidence, Hearsay, Other, Prior Convictions/Impeach, Prosecution, Similars/Character/Conduct, Waiver of Right

Child molest victim diagnosed with Asperger's syndrome was unavailable to testify at defendant's second trial because the witness would suffer substantial trauma if he was required to testify again. Appellant was charged with multiple counts of lewd acts against two…

View Full Summary
Name: Deck v. Jenkins
Case #: 13-55130
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/29/2014
  • Categories: By Prosecutor, Ethical Considerations, Misconduct, Prosecution

Conviction for attempted lewd act on child reversed where prosecutor misstated intent required for crime during argument. Deck, a California Highway Patrol officer, was convicted of attempted lewd act on a minor, after he was caught in an Internet sting…

View Full Summary