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State Courts -
California - August 15 - August 19, 2002
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People v. Acosta, No. S089120. , No. S068743.,
SUPREME COURT OF CALIFORNIA, August 15, 2002, Decided , August 15, 2002, Filed
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Overview: In consolidated appeals, the state supreme court determined that application of the One Strike law to a sex offender with multiple convictions did not preclude use of the Three Strike law to further enhance the offender's sentence.
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People v. Gutierrez, No. S018634.,
SUPREME COURT OF CALIFORNIA, August 15, 2002, Decided , August 15, 2002, Filed
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Overview: Imposition of the death penalty against defendant, who murdered two victims, was not so disproportionate to defendant's individual culpability for these crimes that it shocked the conscience and offended fundamental notions of human dignity.
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People v. Foster, No. D037675.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, August 16, 2002, Decided , August 16, 2002, Filed
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Overview: A defendant who pled guilty plea to child sexual abuse could not challenge imposition of a sentence requiring him to undergo hormone suppression treatment upon parole.
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Brown v. Superior Court, No. D039525.,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, August 19, 2002, Decided , August 19, 2002, Filed
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Overview: In a stalking case, the court erred by requiring the probationer to pay for polygraph testing as a condition of probation.
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Dart Industries, Inc. v. Commercial Union Ins. Co., No. S086518.,
SUPREME COURT OF CALIFORNIA, August 19, 2002, Decided , August 19, 2002, Filed
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Overview: Where the actual policy was lost or destroyed without fraudulent intent on part of the insured, the insured did not have to prove the actual words of the policy and agent's testimony about general coverage provisions was sufficient.
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People v. Johnson, No. S097755.,
SUPREME COURT OF CALIFORNIA, August 19, 2002, Decided , August 19, 2002, Filed
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Overview: The trial court properly conditioned its grant of probation to defendant, who entered a plea of no contest to one count of residential burglary, upon defendant's waiver of custody credits; the condition did not lack any legitimate penal function.
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