CRIMINAL LAW AND PROCEDURE
People v. Salazar
S119066 (B117225) 110 Cal.App.4th 1616
Petition for review after grant of petition for writ of mandate.
Question presented: Did a defendant charged with murdering an infant suffer a prejudicial denial of Brady discovery rights when prosecutors withheld potentially exculpatory information relating to the credibility of a forensic pathologist who testified against the defendant at his trial before a jury? 11/25/03
CRIMINAL LAW AND PROCEDURE
People v. Johnson
S119230 (A098085) 111 Cal.App.4th 341
Petition for review after reversal of judgment.
Question presented: Can the prosecution, in opposing a motion to suppress, introduce an investigating officer's sworn affidavit in lieu of live testimony? 11/12/03
CRIMINAL LAW AND PROCEDURE
People v. Guzman
S119129 (H024003) 111 Cal.App.4th 57
Petition for review after reversal of judgment.
Question presented: Did a defendant who committed a nonviolent drug possession offense while on probation for a nonviolent, nonserious felony suffer an equal protection violation where he was ineligible under Proposition 36 for more favorable sentencing terms available to a similarly situated parolee? 11/12/03
CRIMINAL LAW AND PROCEDURE
People v. Lopez
S119294 (B161668) 2nd Dist, Div. 5 (unpublished)
Petition for review after affirmance of judgment as modified.
Question presented: Is a defendant who is convicted of first degree murder with a finding that the crime was committed for the benefit of a criminal gang within the meaning of Penal Code §186.22 subject to an enhancement of 10 years under §186.22(b)(1)(C) or a minimum parole eligibility term of 15 years under ^186.22 (b)(5), which applies where the defendant is convicted of a "felony punishable by imprisonment in the state prison for life? 11/12/03
GOVERNMENT LAW
Association of State Attorneys and Administrative Law Judges v. Department of Personnel Adminitration
S119498 (C034943) 111 Cal.App.4th 636
Petition for review after affirmance of judgment modified.
Question presented: Did labor contracts between the State of California and civil service employee unions that set up alternate means of resolving disciplinary actions violate state constitutional provision vesting sole and exclusive authority to review disciplinary actions in the State Personnel Board? 11/12/03
TORTS
Gomez v. Superior Court (The Walt Disney Company)
S118489 (B163651) 110 Cal.App.4th 667
Petition for review after grant of petition for writ of mandate.
Question presented: Was the operator of an amusement park ride a common carrier within the meaning of Civil Code §2168? 11/12/03
ENVIRONMENTAL LAW
City of Burbank v. State Water Resources Control Board
S119248 (B150192) 111 Cal.App.4th 245
Petition for review after reversal of judgment.
Question presented: Did the court of appeal err in holding that regional water boards need not consider economic burden, nor weigh compliance costs against environmental benefits, when establishing wastewater discharge effluent levels? 11/9/03
