December, 2000
browse other months

CRIMINAL
People v. Orozco
S092122 (B131358)
Unpublished opinion. Petition for review after the Court of Appeal affirmed a judgment of conviction of a criminal offense. Issues presented include whether it is improper for the trial court to dismiss a sitting juror, who is clearly in the minority favoring acquittal, for failure to deliberate and follow the court's instructions. 12/20/00
Read the Case Summary
Update: Review transferred to the Court of Appeal on 10/17/01.

CRIMINAL
People v. Scrofani
S092299 (B128950)
Unpublished opinion. Petition for review after the Court of Appeal modified and affirmed a judgment of conviction of criminal offenses. Issues presented include whether the insufficient evidence of § 422's essential third and fourth elements violates the Fourteenth Amendment Due Process Clause's prohibition against conviction except upon proof beyond a reasonable doubt and contravenes In Re Winship and Jackson v. Virginia. 12/20/00
Read the Case Summary
Update: Review dismissed on 10/10/01.

CRIMINAL
People v. Wutzke
S092179 (D033221; 83 Cal.App.4th 622)
Petition for review after the Court of Appeal affirmed in part and reversed in part a judgment of conviction of criminal offenses. This case concerns whether a criminal defendant convicted of lewd acts on children, who is the long-time, live-in companion of the grandmother of the victims, qualifies as a "relative" of the victims, within the meaning of the Penal Code, and thus is eligible to be granted probation. 12/20/00
Read the Case Summary
Read the Court of Appeal Opinion

CRIMINAL
People v Farell
S092183 (H019633; 83 Cal.App.4th 609)
Unpublished opinion. Petition for review after the Court of Appeal reversed and remanded for resentencing and otherwise affirmed a judgment of conviction of criminal offenses. This case concerns whether Penal Code § 1203.044, which prescribes particular punishment when a defendant is convicted of felony theft "of an amount exceeding fifty thousand dollars," applies when the theft is of property other than cash. 12/13/00
Read the Case Summary
Read the Court of Appeal Opinion

CIVIL LITIGATION
Hess v. Ford Motor Co.
S092697 (B125395)
Unpublished opinion. Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in a civil action. Issues presented include whether releases signed in the context of settlement that release not only specifically identified parties, but also "all other persons" who may be liable in any way for the harm caused to the plaintiff, apply to third parties not specifically identified in the release. 12/13/00
Read the Case Summary

CRIMINAL
People v. Howard
S091943 (B129923)
Unpublished opinion. Petition for review after the Court of Appeal reversed and remanded for resentencing and otherwise affirmed a judgment of conviction of criminal offenses. This case concerns whether the 25-year parole ineligibility period of a term of life imprisonment imposed pursuant to the One Strike Law may be tripled pursuant to the Three Strikes Law when the defendant suffered two or more prior convictions of serious or violent felonies. 12/13/00
Read the Case Summary

TORTS
Kerrigan v. Thrifty Drug
S091951 (B135086)
Unpublished opinion. Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case concerns whether, in a premises liability action, the burden of proof should shift to a business establishment if the injured victim proves the existence of a dangerous condition and that the business failed to reasonably maintain its premises. 12/13/00
Read the Case Summary
Update: Review transferred to the Court of Appeal, Second Appellate District on 04/17/02.