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California Court of Appeal Orders New Trial Due to Jurors Considering Potential Penalty During Guilt Phase of Deliberations
Loaded on May 1, 2022
by Douglas Ankney
published in Criminal Legal News
May, 2022, page 44
Filed under:
Juror Misconduct Issues.
Location:
California.
by Douglas Ankney
The Court of Appeal of California, Third Appellate District, reversed a trial court’s denial of a motion for a new trial, ruling that jurors committed misconduct by considering the possible penalties during the guilt phase of Michael Anthony Flores’ trial.
Flores was tried on several charges, including ...
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More from this issue:
- The Pseudoscientific Practice of Blood Spatter Analysis How the Desire for Convictions Drives Flawed Prosecutions, by Anthony Accurso
- Tennessee County Disproportionately Jails Black Children, and It’s Not Getting Better, by Jacob Barrett
- Digital Tyranny: Beware of the Government’s Push for a Digital Currency, by Nisha Whitehead, John W. Whitehead
- California Court of Appeal: Fifth Amendment Violation Where Police Use Two-Step Interrogation in Deliberate Strategy to Circumvent Miranda, by Richard Resch
- Seventh Circuit: Four-Year Delay in Filing Appeal Excused Habeas Exhaustion Requirement Because Any Further Attempts for Postconviction Remedies in State Court Would Have Been Futile, by Dale Chappell
- Ninth Circuit: IAC for Failure to Engage Mental Health Expert and Testing, State PCR Court’s Decision Contrary to Federal Law and Defective Factfinding, Habeas Relief Granted, by Dale Chappell
- Hawaii Supreme Court: Due Process Violation to Exclude Evidence of Victim’s BAC in Assault Case in Which Defendant Claims Self-Defense, by Matthew Clarke
- Sixth Circuit: Courts May Consider Nonretroactive Change in Law as One of Several Factors for Extraordinary and Compelling Circumstances for Compassionate Release, by Matthew Clarke
- Maryland Court of Appeals Announces Accepting Empaneled Jury Doesn’t Waive Prior Objection to Trial Court’s Refusal to Propound a Voir Dire Question, by Douglas Ankney
- United States Has Four Percent of the Global Population and Over Thirteen Percent of Global Deaths at the Hands of Law Enforcement, by Casey Bastian
- I, Robot, Am The LAW!, by J.D. Schmidt
- Thanks to Homeowner’s Private Security Camera Catching Cops’ Blatant Misconduct, He’s a Free Man, by Douglas Ankney
- SCOTUS Rejects Government’s Interpretation of the ACCA’s ‘Occasions Clause’ That Would Make It Possible to Become ‘a Career Criminal in the Space of a Minute’, by Richard Resch
- Kentucky Supreme Court: Officer’s History of Arresting Defendant on Multiple Occasions Constituted ‘Show of Authority’ That Defendant Was Not Free to Leave, Resulting in Unlawful Terry Stop, by Anthony Accurso
- Connecticut Supreme Court: Trial Court Abused Discretion by Limiting Self-Represented Defendant’s Direct Examination Regarding Risk of Injury to a Child, by Matthew Clarke
- Fifth Circuit Affirms Habeas Relief and New Trial Based on Counsel’s Failure to Interview State’s Key Eyewitness in Murder Case, by Dale Chappell
- Minnesota Supreme Court Announces Confession Must Be Corroborated by Independent Evidence Crime Occurred, Rejects Federal ‘Trustworthiness Standard’ for Corpus Delicti Rule, by Douglas Ankney
- Crushing Whistleblowers, by Jayson Hawkins
- California Court of Appeal Orders New Trial Due to Jurors Considering Potential Penalty During Guilt Phase of Deliberations, by Douglas Ankney
- Colorado Supreme Court Announces Parents’ Income That’s Unavailable to Defendant Who Lives With Them Expense-Free Not Included in Indigency Determination for Court-Appointed Counsel, by Matthew Clarke
- FOIA Request Reveals How the FBI Obtains and Analyzes Cellular Provider Data, by Anthony Accurso
- Vermont Supreme Court: Under Totality of Circumstances, Police Interview of Defendant in Store Parking Lot Was ‘Custodial Interrogation,’ Triggering Requirement for Miranda Warnings, by Anthony Accurso
- Facbook Reminds Police, No Dummy Accounts for Surveillance, by Anthony Accurso
- Government Drones Compromise National Security, yet the NYPD Uses Them, by Ashleigh Dye
- LASD Defends Practice of Stopping Latino Bicyclists, Says People Using Bikes for Transportation Are Generally Criminals, by Douglas Ankney
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More from Douglas Ankney:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
More from these topics:
- Wyoming Supreme Court: District Court Abused Discretion by Granting State’s Dismissal of Charges Without Prejudice and Refiling to Gain Tactical Advantage, Remands for Dismissal With Prejudice, April 15, 2021. Attorney Misconduct, Dismissal of Counts With Prejudice, Juror Misconduct Issues.
- Georgia Supreme Court Reverses Dismissal of Second State Habeas Petition, April 15, 2020. Habeas Corpus, Reversal of Precedent, Juror Misconduct Issues.
- U.S. v. Gianakos, No. 03-2989 (8th Cir.) (415 F.3d 912) (July 26, 2005) (Judge Lavenski R. Smith), Aug. 1, 2005. Punch And Jurists, Juror Misconduct Issues.
- U.S. v. Stewart, No. 03 CR.717(MGC) (S.D.N.Y.) (317 F.Supp.2d 426) (May 5, 2004) (Judge Miriam Goldman Cedarbaum), July 1, 2004. Punch And Jurists, Juror Misconduct Issues.
- U.S. v. Stewart, No. 03 CR.717(MGC) (S.D.N.Y.) (317 F.Supp.2d 432) (May 5, 2004) (Judge Miriam Goldman Cedarbaum), July 1, 2004. Punch And Jurists, Juror Misconduct Issues.
- U.S. v. Symington, No. 98-10070 (9th Cir.) (195 F.3d 1080) (June 22, 1999) (Judge Betty Binns Fletcher), Dec. 1, 1999. Punch And Jurists, Juror Misconduct Issues.
- U.S. v. Greer, No. 2:95-CR-72 (D.Vt.) (998 F.Supp. 399) (February 9, 1998) (Judge William K. III Sessions), July 1, 1998. Punch And Jurists, Juror Misconduct Issues.
- U.S. v. McClinton, No. 96-3143 (7th Cir.) (135 F.3d 1178) (February 6, 1998) (Judge Michael S. Kanne), March 1, 1998. Punch And Jurists, Juror Misconduct Issues.
- Thompson v. Borg, No. 94-15846 (9th Cir.) (74 F.3d 1571) (January 22, 1996) (Judge Andrew J. Kleinfeld), March 1, 1996. Punch And Jurists, Juror Misconduct Issues.
