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Name: People v. Johnson
Case #: E061986
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/07/2015

In deciding whether to hold a hearing on a motion for disclosure of jurors' identifying information, the trial court must assume that the declarations supporting the motions are credible. Johnson was convicted of driving while intoxicated causing injury and driving with a blood alcohol level of 0.08% or more. Enhancements and strike priors were found true. He was sentenced to 41 years to life. In his first appeal, Johnson challenged the trial court's denial of his motion for release of juror information. The Court of Appeal held the trial court erred by denying a hearing, as admissible evidence in one…

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Name: People v. McNally
Case #: B253141
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 05/21/2015

Defendant with extensive firearms training acted with implied malice when he jokingly waived a loaded firearm at his friend and accidentally shot and killed him. McNally got drunk and high on bath salts with a friend, Bent. When Bent went to the bathroom to vomit, McNally called Bent a "sissy," retrieved his 9 millimeter handgun, waived it at Bent, and jokingly ordered him to "Hurry up and puke." According to McNally, the gun accidentally discharged, killing Bent. A jury found that McNally acted with implied malice and convicted him of second degree murder (Pen. Code, §§ 187, subd. (a), 189).…

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Name: People v. Diaz
Case #: B256050
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 04/14/2015

Petition to release personal juror identifying information is untimely if made after conviction, sentence, and affirmance on appeal. After his 2007 conviction for a gang-related murder, Diaz made a new trial motion raising three separate instances of juror misconduct. The trial court denied the motion and Diaz appealed. The Court of Appeal rejected the juror misconduct claims in Diaz's direct appeal and affirmed. Diaz's federal habeas petition was denied. In 2014, Diaz returned to the state trial court and filed a petition to access confidential juror identifying information (Code Civ. Proc., § 237, subd. (b)) so he could contact the…

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Name: People v. Johnson
Case #: E056878
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/19/2013

Trial court abused its discretion in denying defendant's posttrial motion for disclosure of jurors' identifying information. At the scene of an accident, defendant was "blatantly drunk" and admitted rear-ending an SUV that was stopped at a red light, injuring its occupants. A jury convicted defendant of DUI offenses and found numerous enhancements true. Before sentencing, which was over a year after trial, defendant sought release of jurors' identifying information. Included in his motion were declarations signed by his mother and stepfather about a conversation with three jurors regarding defendant's failure to testify. Defendant appealed the denial of this motion.…

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Name: Bellas v. Superior Court (People)
Case #: A091294
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 12/18/2000
Subsequent History: None

The trial court erred in issuing a contempt order against a deputy public defender for refusing to return to the court defense copies of juror questionnaires prepared by the venire in a criminal prosecution. The U.S. Constitution's First Amendment interest in providing public access to judicial proceedings outweighs the jurors' generalized privacy interests as to the content of the questionnaires, and the jurors should have been so advised by the court. As to personal identifying information of trial jurors, the law provides limited privacy protection by requiring the redaction of their identifying information unless good cause for access…

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