Court of Appeals, Second Circuit, District 8, California.
The City, Plaintiffs and Defendants notified Demetrius SULLIVAN, the Defendants and the Complainants.
B237734
Decision date: June 17, 2013
Joshua L. Siegel, appointed by the Circuit Court of Appeals as Representative for the Defendants and Appellants. Kamala D. Harris, Attorney General, Dane R. Gillette, Principal Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Paul M. Roadarmel, Jr., and David F. Glassman, Assistant Attorney General for Plaintiffs and Defendants Attorney General .
We argue that double jeopardy prohibits a retrial for a material misdemeanor when the jury is in verdict on the material misdemeanor but is deadlocked on reinforcement. The court of first instance should have ruled on the substantive violation and declared mistrial only because of the rectification offence. It was determined that the defendant, Demetrius Sullivan, was unable to obtain effective counsel because the attorney failed to advise the defendant to defend himself out of necessity, so the guilty verdict was overturned.
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On March 17, 2011, the defendant was charged with robbery (Pen.Code, §211)1and an assault likely to result in grievous bodily harm (section 245, subparagraph (a)(1)). It is further charged that the defendant caused grievous bodily harm to John Doe in violation of Section 12022.7(a). He should have a criminal record. The accused will be tried by a jury. Regarding the increase in grievous bodily harm, the jury was told that "a grievous bodily harm means a major or significant bodily harm. It's a bigger injury than a minor or moderate injury.” them.
On the morning of June 30, 2011, the jury returned its verdict on the robbery charge and reported that they were unable to reach a verdict as to whether the defendant actually caused grievous bodily harm to John Doe. The court ordered further jury deliberations. By mid-afternoon, the jury reported they had still not reached a verdict on the extraordinary circumstances. His note read: "We are paralyzed in exceptional circumstances. We have a penalty." The court concluded that a conviction for the main offense could not be passed without a simultaneous conviction for the serious offences. The court stated:
"Court: It's 3:05 p.m. and about 10 minutes ago we received another message from the foreman saying, 'We are closed due to exceptional circumstances. We have a hearing.' [¶ ] Sorry, ladies and gentlemen. I can' I make no judgment if the form is not complete. I want you to understand that it's all in one. [¶] Now I want to ask juror number four , Foreman, how many votes were counted in the end?
"Jury #4: 11 to 1.
"Edit: So no change?
"Judge #4: Uh uh.
"Court: Okay. Let me ask you a few other questions, all of which you should consider. If the court wants you to advise further and provide you with something, whether the tapes will be replayed, or further definitions, if you allow me a word from the dictionary to give you more information on the difference between "moderate" and "important" what we are talking about here, "moderate" vs. "considerable" - any help, likely, unlikely, but maybe lead to a judgment in the matter ?․
"Judge #4: I don't think so."
The court asked the rest of the jury the same question, which all answered in the negative. The court then stated: ․ “This court is voiding the judgment in this case and starting over․ [¶] The jury is exonerated”.
After Foreman declared the trial a failure, he reported that one juror thought it was "minor" while "everybody else thought it was significant."
On October 24, 2011, People's Daily filed an amended report charging an assault that was likely to result in serious bodily harm. It is said to have caused great damage to the body. There are also alleged criminal records. The jury found that the defendant committed the assault, but determined that the serious increase in the assault was unreal. The defendant admitted that he had a criminal record. The court sentenced the accused to five years in prison. In another case, the sentence was executed consecutively with that of the defendant.2
speak
Since the defendant did not raise a plea of endangerment, he technically dropped his argument that the second instance violated the double jeopardy clause. (People v. Scott (1997) 15 Cal.4th 1188, 1201.) However, we must consider evaluating the defendant's argument that counsel is ineffective. (same as above)
“The Fifth Amendment to the United States Constitution provides that “[no] person shall be subjected to endangerment of life or limb twice for the same crime”. This guarantee applies to the fourteenth amendment states. [quote] Likewise, Article I, Section 15 of the California Constitution states: "No person shall be placed in jeopardy twice for the same crime". " ' [Citation.]" (Stanley v. Superior Court (2012) 206 Cal.App.4th 265, 278 (Stanley).) " ' "The constitutional prohibition of 'double jeopardy' The danger of more than one trial and the possible conviction. "' [quote]" (People v. Saunders (1993) 5 Cal. 4th 580, 593.)
"In some cases, double jeopardy prohibits a new trial even if no sentence is announced. Once charges are filed, release without a sentence is tantamount to an acquittal and precludes a new trial unless the defendant agrees." a shock or is legally required sex requires it. (Stone v. Superior Court (1982) 31 Cal.3d 503, 516 (Stone)) Judgment may be made on one or more counts with which they agree, and those counts which disagree may be retried in court . [cite]. "In such cases the trial court must accept the charges on which the jury has agreed; if it does not, there will be no new trial on those charges" (Ibid., at 517).
Applying those principles here, a court that has dismissed a jury without a verdict for assault prohibits a new trial unless the defendant consents to the dismissal or a legal necessity requires the dismissal. Regarding consent, the log shows only silence, and silence alone is not sufficient to infer consent. (Stanley, supra, 206 Cal.App.4th, p. 280.) Immediately after the court learned that the jury had deadlocked despite further deliberation, the court said it "hereby declares a mistrial in this matter" and the case was resumed. , and pardoned the jury. Neither the defense nor the defendant convinced the court that the defendant had consented.
As for legal necessity, there is none. Twice here the jury said it had reached a verdict on the substantive charges, although the court may have released a "really deadlocked jury." (Arizona v. Washington (1978) 434 U.S. 497, 509; ⟩see People v. Fields (1996) 13 Cal.4th 289, 300 Unable to reach verdict.”) and stop at “extraordinary circumstances”, d , but “ we have a verdict," which could just be the remaining assault charges.
The court should have received a judgment of bodily harm and a mistrial only for the increase in aggravated bodily harm. The court erroneously concluded that it could not declare wrongful proceeding solely on the basis of improvements. New attempts can be limited to established charges. (People v. Anderson (2009) 47 Cal.4th 92, 102-104 (Anderson).) In a similar case, the Court of Appeals held that grievous bodily harm could be tried separately from material offenses. (People v. Schulz (1992) 5 Cal.App.4th 563.) (Ibid., at 569.) We quoted this argument vigorously in the Anderson Superior Court. (Anderson, supra, p. 121.) Because aggravated assault may be requested at a second trial, there is no legal need to enter a trial for assault.
Defendant's main argument is that the jury never reached a verdict because they never verbalized a verdict. The argument is technically correct but irrelevant because it shows that there is no need to fire the jury.3Since the jury had already reached a verdict on the substantial assault charge, a verdict should have been received and recorded. (Carbajal, supra, 56 Cal.4th at p. 530.) Failure to obtain a judgment prohibiting a new trial under the double jeopardy clause. (Stone, ibid., 31 Cal.3d, pp. 517, 519; see also Carbajal, pp. 533-534.)
The Respondent's other arguments are unfounded. Blueford v. Arkansas (2012) _United States_ [132 S.Ct. 2044] is inappropriate because it discusses the doctrine of double jeopardy in the context of jury briefs before the conclusion of jury deliberation, and in this case the jury said it reached a verdict at the end of jury deliberation. Blueford's conclusion that the jury was able to "verify the crime" during the ongoing deliberations does not apply here. (Ibid., p. 2051.) “Finally, the defendant falsely asserted that a double jeopardy precluded a new trial only if the jury intended to acquit the defendant, not if the jury intended to convict him. On the contrary: “'[t]The prohibition of double jeopardy prevents a second prosecution for the same crime after an acquittal or a conviction and prevents multiple punishment of the same crime. [Meeting. ]' [Meeting. ]” (Anderson, ibid., 47 Cal.4th, pp. 103–104, italics added).
Taken together, defendants' allegations of double jeopardy are well founded. The aggravation of the enormous bodily harm could have been retried separately from the bodily harm and the trial court was asked to render a verdict on the bodily harm. Otherwise, the attack is prevented from being attempted again. (Stone, ibid., 31 Cal.3d, p. 517.) The defendant's attorney was struck down for failing to advise the defendant to plead guilty as soon as he was in danger, and the defendant was biased because he was found guilty because he was previously in danger endangered (See § 1016; Regarding Wilson (1992) 3 Cal.4th 945, 950.) At the second trial, no tactical reason for not making a dangerous plea was advanced.
get over
Overturn the assault conviction.
use
1.All unspecified legal references refer to the Criminal Code.
2On March 4, 2011, the trial court revoked the defendant's probation in a case in which the defendant pleaded guilty to possession of a controlled substance.
3"Section 1163 states: 'After a verdict has been rendered and before it is recorded, the jury may, at the request of either party, vote, in which case they must be asked separately whether it was their verdict and whether the answer is no, should the jury be sent for further deliberation." And Section 1164(a) states: "[If] the court accepts the judgment rendered, the clerk of the court shall record it in its entirety, if either party so requests, it shall be read to the jury , and they are asked if this is the case. If a juror disagrees, the facts are recorded in the record and another jury is despatched, but if no one disagrees, the verdict is complete ․'" (Gente v. Carbajal (2013) 56 Cal.4th 521, 530 –531 (Carbajal).)
fly, j.
WE AGREE: RUBIN, AGENTS P.J. GRIMES, J.
FAQs
How do I look up a court case in California? ›
- Go to the courthouse and ask to look at paper records.
- Go to the courthouse and look at electronic court records.
- If your court offers it, look at electronic records over the internet. This is called “remote access.”
The majority of Court of Appeal opinions are not certified for publication and are thus not published in the Official Reports. These opinions are known as "unpublished"; they generally cannot be cited or relied upon in other cases (see California Rules of Court, rule 8.1115).
What are the three decisions that appeals courts can make about a case? ›- "Abuse of discretion" Standard.
- "Substantial evidence" Standard.
- "De novo" Standard.
- Criminal Cases. Criminal cases involve enforcing public codes of behavior, which are codified in the laws of the state. ...
- Civil Cases. Civil cases involve conflicts between people or institutions such as businesses, typically over money. ...
- Family Cases.
PACER is the judiciary's electronic method of providing access to court dockets and to copies of documents filed with the court. You may register for PACER online. There is no registration fee.
Are court hearings public in California? ›Civil Proceedings
In general, you can attend civil trial proceedings because the general public has a First Amendment right of access to civil trials. See NBC Subsidiary, Inc.
The chances of winning a criminal appeal in California are low (about 20 percent of appeals are successful). But the odds of success are greater if there were errors of law and procedure at trial significant enough to have affected the outcome of the case.
How often are appeals successful in California? ›In California, less than 20% of all civil appeals succeed in reversing the original ruling. That's because the law says the Court of Appeal must presume that the trial court's decision was correct – unless the appellant can prove the court was incorrect.
How long does the California Court of Appeal decision take? ›The judges have 90 days from the date the case is submitted to decide the appeal. The clerk of the court will mail you a notice of that decision. The appellate court's decision will become final in 30 days unless any of the parties disagrees with the opinion and files a certain kind of petition.
Are appeals ever successful? ›Depending on the type of case, the overall success rate for appeals is somewhere between 7% and 20%.
What happens if you lose an appeal? ›
After losing an appeal, the appellate court will typically affirm the original decision made by the lower court. In other words, the lower court's decision will stand, and the ruling will become final. In some instances, the appellate court may also modify the original decision instead of affirming it.
What do most appealed cases concern? ›Appeals in either civil or criminal cases are usually based on arguments that there were errors in the trial s procedure or errors in the judge's interpretation of the law.
What does D mean in a court case? ›DEFENDANT - In civil cases: the person against whom a lawsuit is brought. In criminal cases: the person against whom a criminal charge is brought.
How do you win preponderance of evidence? ›' The preponderance of evidence standard comes into play when the plaintiff satisfies the burden of proof by offering evidence that demonstrates their claims have a greater than 50% chance to be true. In other words, if a claim can be demonstrated to be more likely to be true than not true, the burden of proof is met.
Can a court refuse to hear a case? ›The key thing to understand about the Supreme Court's authority to review a case is that it is discretionary. In other words, the Supreme Court of the United States is not required to hear every appeal. Indeed, the Supreme Court only agrees to hear a small number of cases.
Who can request public records in California? ›The California Public Records Act (CPRA) was passed by the California Legislature in 1968 for government agencies and requires that government records be disclosed to the public, upon request, unless there are privacy and/or public safety exemptions which would prevent doing so.
What records are public in California? ›- Reviewing your criminal record.
- Applying for employment, licensing, certification.
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- Agencies seeking authorization to conduct fingerprint background check for prospective employee.
Courthouse visits (individuals): Generally, all Court proceedings are open to the public, with the exceptions of Juvenile Justice Court, Juvenile Dependency Court and select closed hearings. Members of the public DO NOT need to schedule an appointment to observe Court and participate as an audience member.
How do I find someone's criminal record for free in California? ›Another option to find free public police records in California is to search online public records databases provided by local police departments and sheriff's offices. For instance, one public police record that can be published online by law enforcement is an arrest log.
Are California criminal records public? ›Criminal History Records are not subject to disclosure under the Public Records Act. In California, state and local summary criminal history information is confidential and access is strictly regulated by statute.
How do I request a hearing in California? ›
If you are not satisfied with the County's action or inaction on your case, you or your Authorized Representative can request a State Hearing by: Calling the California Department Social Services State Hearings Division at 1-800-952-5253.
What makes a successful appeal? ›To win an appeal, you must adequately demonstrate an error of law or wrongdoing committed by the court during the trial proceedings. The appellate court typically assumes judges and legal professionals follow applicable rules and laws during a case.
What are the top 5 appeal? ›- Fear as a Motivator. ...
- Humor Creates Emotional Connections. ...
- Rational Appeals to the Practical Side. ...
- Sex and Sensuality Sell. ...
- Fear of Missing Out.
| Filing | Fee |
|---|---|
| Notice or Motion to Appeal - Civil (Gov. Code 68926, 68926.1(b), 5.180) (for each notice of appeal & cross appeal) CRC 8.100(b) (Check made payable to Court of Appeal) | $775 |
| Notice of Appeal - Criminal or Juvenile | No Fee |
| Notice of Appeal in Conservatorship Proceeding (Rule 8.480) | No Fee |
An error of law is the strongest type of ground for appeal because the appellate court reviewing the case does not have to give any weight to what the trial court judge did. The appellate court will look at the law that was supposed to be applied and decide whether or not the trial court judge made a mistake.
What happens if you lose an appeal in California? ›What happens if you lose an appeal? An appellant who has lost their appeal has several options based upon the nature of the civil or criminal case. These include filing a motion for a rehearing, filing an application for a writ of habeas corpus, attempting to transfer the case, and appealing to the highest court.
How long does appeal process take? ›An appellate court may issue its opinion, or decision, in as little as a month or as long as a year or more. The average time period is 6 months, but there is no time limit.
What happens after a court of appeals reaches a decision? ›Most appeals are final. The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case.
What information does an appellate court judge use to make a decision? ›The court of appeals makes its decision based solely on the trial court's or agency's case record. The court of appeals does not receive additional evidence or hear witnesses.
What is the grace period for Court of Appeal in California? ›If the appellant's opening brief is not filed within this 15-day grace period allowed under the rule, the appeal may be dismissed. If the respondent's brief is not filed within the 15-day grace period, the court may decide the case on the appellant's opening brief, the record, and any oral argument by the appellant.
What are the 4 steps in the appeal process? ›
Step 1: File the Notice of Appeal. Step 2: Pay the filing fee. Step 3: Determine if/when additional information must be provided to the appeals court as part of opening your case. Step 4: Order the trial transcripts.
How do you get a judge to rule in your favor? ›- Know the Court. Judges who preside in courts are human beings with their differences. ...
- Be Professional. ...
- Outline the Theory of your Case. ...
- Be Clear and Concise. ...
- Don't Focus too much on Technicalities.
The default rule is that perfecting an appeal (i.e., filing a timely notice of appeal) automatically stays all trial court proceedings on the order appealed from, including enforcement proceedings. (Code Civ. Proc., § 916.) But there are many exceptions to the default rule, requiring close analysis.
What are the 3 possible outcomes of an appeal? ›Appeals are complicated and sometimes result in the case going back to the trial court. A specific conviction may be reversed, a sentence altered, or a new trial may be ordered altogether if the Appeals Court decides that particular course of action.
Can you appeal the same case twice? ›An appeal of a conviction goes to a California Court of Appeal. An adverse decision by an appellate court can be appealed a second time. The second appeal goes to the Supreme Court of California.
What is it called when an appellate court hears a case? ›Appellate jurisdiction refers to the power of a court to hear appeals from lower courts.
What are the two possible outcomes when a case is heard on appeal? ›The appellate court will do one of the following: Affirm the decision of the trial court, in which case the verdict at trial stands. Reverse the decision to the trial court, in which case a new trial may be ordered.
What are the three most common appeals? ›Aristotle postulated three argumentative appeals: logical, ethical, and emotional.
Which two types of cases are appealed? ›Appeals. Both criminal and civil cases can be appealed.
What does the letter R mean in a court case? ›The nature of the proceeding is abbreviated by a letter code. For example, “R” stands for a Rate case, and "RM" is a Rulemaking case.
What does 3d mean in court? ›
3d. California Reporter (first, second, and third series) California Supreme Court and Courts of Appeal.
What does NC mean in court? ›| GL | GUILTY TO LESSER |
|---|---|
| NC | NO CONTEST |
| NG | NOT GUILTY |
| NR | NOT RESPONSIBLE |
| OT | OTHER (Older cases only) |
In a civil lawsuit, the burden of proof rests on the plaintiff or the person filing the suit. The plaintiff should prove that the allegations are true and that the defendant, or the other party, caused damages.
What is an example of clear and convincing evidence? ›An example of clear and convincing evidence might be a document that contains a signature from a person who is accused of fraud, and the signature is verified by a handwriting expert as authentic.
What is clear and convincing evidence? ›New Mexico, 467 U.S. 310 (1984), "clear and convincing” means that the evidence is highly and substantially more likely to be true than untrue. In other words, the fact finder must be convinced that the contention is highly probable. States vary with regard to which standard of proof they require.
What is the rule of 4? ›The “rule of four” is the Supreme Court's practice of granting a petition for review only if there are at least four votes to do so. The rule is an unwritten internal one; it is not dictated by any law or the Constitution.
Should I remain silent in court? ›“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.
How do I find a LA County court case? ›You can obtain a summary of the status and actions taken on your case at the Superior Court of California, County of Los Angeles website. Click “Access Your Case” in the middle of the front page. You will need your case number to access information. Do not type the letters that appear before the case number.
Are California Family court records public? ›Family Law records are public records subject to public view and copying, unless they are confidential by operation of law or sealed by the court.
Are police records public information in California? ›Police reports are considered ! public records' within the meaning of the California Public Records Act and the San Francisco Sunshine Ordinance. Police reports must be released unless an exception applies.
Are criminal records open to the public in California? ›
Criminal History Records are not subject to disclosure under the Public Records Act. In California, state and local summary criminal history information is confidential and access is strictly regulated by statute.
Are Los Angeles property records public? ›The Assessor's Office maintains many property records for assessment purposes. In accordance with the California Public Records Act and the ordinances and policies of the County of Los Angeles, the public may request and inspect a reasonable identifiable record or records.
What do the letters in a court case number mean California? ›Letters at the end of the number are usually local notes such as, e.g. the judge's initials, and are commonly skipped (2:14-cv-123456-ABC-RZ vs. 2:14-cv-123456).
Are California divorce records public? ›In short, no, divorce records are not confidential but are publicly accessible. The California Rules of Court mandate that all electronic records must be available to the public in some way, unless those records are sealed or confidential.
Can you look up child support cases in California? ›Requesting Information About Your Case
You may send an email by logging into your personal Customer Connect account, you may call 1-866-901-3212 or you may make your request in person by visiting the local child support agency that manages your case.
(A) Information subject to an order of confidentiality issued under Family Code section 6301.5 must be kept confidential in any family law case and any other civil case with the same parties.
What do judges look for in child custody cases California? ›Determining what's in the best interest of your child
If you and the other parent can't agree on a parenting plan, then you will have to ask a judge to decide. To decide what is best for a child, the judge considers: The age and health of the child. The emotional ties between the parents and the child.
Access for All. A person who wishes to observe a court in session may check the court calendar online or at the courthouse and watch a proceeding. Our Constitution and court tradition give citizens right of access to court proceedings.
Who has access to California courts? ›While the general public can access California court case lookup services, requestors not parties to the records demanded may not have full remote access to some electronic records.
Can a judge dismiss a case in California? ›Yes. It is possible for a case to be dismissed at the pretrial hearing. During the hearing, the judge will likely issue a decision regarding any pretrial motions to dismiss the case. Thus, if those motions are successful, your case may be dismissed at the pretrial.