Ethical Considerations

Name: People v. Thomas
Case #: B298946
Opinion Date: 05/28/2021
  • Categories: Defense, Ethical Considerations, SB 1437 Felony and NPC Murder, Sentencing

Summary

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.…

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

Summary

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…

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Name: People v. Frandsen
Case #: B280329
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

Summary

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…

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Name: People v. Jimenez
Case #: D073313
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

Summary

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…

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Name: Zapien v. Martel
Case #: 09-99023
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

Summary

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…

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Name: People v. Lewis
Case #: A143106
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

Summary

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…

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Name: Comstock v. Humphries
Case #: 14-15311
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

Summary

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…

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Name: People v. Christensen
Case #: G048615
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

Summary

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…

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