In 2002, a jury convicted Marjorie Knoller of second-degree murder after her two Presa Canario dogs mauled her neighbor Diane Whipple to death. Months later, the judge threw out the verdict and granted Knoller a new trial -- only to be reversed by the 1st District Court of Appeal in 2005. The California Supreme Court now says both courts got it wrong. At the core of the debate is the definition of "implied malice," a requirement for the second-degree murder conviction to stick.
June 01, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The case of San Francisco’s most unpopular dog owner seems to have no end in sight.
In 2002, a jury convicted Marjorie Knoller of second-degree murder after her two Presa Canario dogs mauled her neighbor Diane Whipple to death. Months later, the judge threw out the verdict and granted Knoller a new trial — only to be reversed by the 1st District Court of Appeal in 2005. Now, the California Supreme Court says both the trial court and the appeal court got it wrong.
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