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| People v. Hinton, S037302,
SUPREME COURT OF CALIFORNIA, January 26, 2006, Filed
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Overview: Counsel in a capital murder trial could, on defendant's behalf, waive defendant's right under Pen. Code, § 190.1, subd. (b), to have the truth of a prior-murder-conviction special circumstance determined in a separate proceeding following the guilt phase. Thus, there was no error in failing to secure an express personal waiver from defendant.
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| People v. Mejia-Lenares, F045355,
COURT OF APPEAL OF CALIFORNIA, FIFTH APPELLATE DISTRICT, January 26, 2006, Filed
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Overview: Trial court did not err in rejecting defendant's requested modification of CALJIC. No. 8.73.1; as imperfect self-defense could not be based on delusion alone, he was not entitled to have jury instructed to consider evidence of hallucination on issue of whether he killed in actual but unreasonable belief in the need to defend against imminent peril.
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| Vargas v. City of Salinas, H027693,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, January 26, 2006, Filed
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