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  Thursday, February 21, 2019  
The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
Criminal Law and Procedure
To be relied upon in a determination whether evidence is substantial, an inference must be reasonable. An inference is not reasonable if it is based only on speculation. To satisfy Penal Code Sec. 190.2(d)'s requirement of major participation, a defendant's personal involvement must be "substantial," greater than the actions of an ordinary aider and abettor to an ordinary felony murder. Absent evidence that a defendant harbored a willingness to kill, or to assist his confederates in killing, to achieve the goal of robbing someone, or that he anticipated the potential for loss of human life beyond that usually accompanying an armed robber, he does not demonstrate sufficient reckless indifference to human life to support a special-circumstance finding.

In re Ramirez - filed Feb. 20, 2019, Fifth District
Cite as 2019 S.O.S. 815
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Criminal Law and Procedure
Prosecutors did not have a duty to provide a defendant with a copy of a police report indicating the defendant was a witness to an uncharged and unrelated incident in the absence of any evidence the report was falsified or embellished. The mere fact that an officer involved in that prior incident was also involved in the incident resulting in charges against the defendant does not constitute evidence of police bias. Penal Code Sec. 654 does not preclude separate sentences for a defendant convicted of reckless driving and assault on a peace officer stemming from an incident when the defendant led police on a pursuit, during which he approached a patrol car head-on.

People v. Jimenez - filed Feb. 21, 2019, Fourth District, Div. One
Cite as 2019 S.O.S. 824
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Professional Responsibility
Good cause to order a doctor to comply with a subpoena of his patient's medical records requires something more than the mere fact that a specialist in pain medication prescribed doses slightly greater than the recommended morphine equivalent dosing to three patients and two others received prescriptions for drugs which, used in combination, resulted in increased sedative effects.

Grafilo v. Cohanshohet (Medical Board) - filed Jan. 22, 2019, publication ordered Feb. 21, 2019, Second District, Div. Eight
Cite as 2019 S.O.S. 830
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LACBA Celebrates Over 140 Years of Service to the Los Angeles Legal Community and Recognizes Past and Present Bar Leaders in Honor of Black History Month

Judge Brazile   Judge Kevin C. Brazile
Judge Kevin C. Brazile was appointed to the bench in 2002. He is currently the Presiding Judge of the Los Angeles Superior Court and began a two-year term effective January 1, 2019. He was the Assistant Presiding Judge for two years from January 1, 2017 to December 31, 2018, and he also served for one year from September 2017 to September 2018 as a voting member on the Judicial Council of California. He was also the Supervising Judge of Civil for the LASC from January 1, 2015 to December 31, 2016.

Judge Brazile is a member of the court’s Executive Committee and chair of the Civil Subcommittee tasked with developing the vision for how the court will operate in the future. He is also on the court’s Planning and Budget Committee and serves as a liaison with local bar associations and law schools.

Judge Brazile was a member of the Judicial Council’s Trial Court Budget Advisory Committee, and has served on the council’s Civil and Small Claims Advisory Committee. He has also held leadership positions with the California Judges Association and served as a panelist and lecturer for Continuing Legal Education (CLE) courses for judges, attorneys, and local bar associations.

Prior to his appointment to the bench, Judge Brazile was a civil trial attorney for the Los Angeles County Counsel’s Office.
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