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  Thursday, May 23, 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
Evidence of a defendant's prior contentious encounters involving his victim, a law enforcement officer, as well as his comments indicating he was tired to being "harassed," were sufficient to allow a jury to find the defendant acted with deliberate premeditation in killing the victim. Use of CALJIC No. 8.71 was not erroneous where the jury was also instructed with CALJIC No. 8.74 and No. 17.40. A jury's finding that the defendant personally used a firearm in violation of Penal Code Sec. 12022.5(a)(1) alone was sufficient to establish assault.

People v. Rivera - filed May 23, 2019
Cite as 2019 S.O.S. 2430
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Criminal Law and Procedure
A trial court did not abuse its discretion in admitting evidence of a defendant's other crimes given the common characteristics between the incidents, and the fact that the prior incidents involved less inflammatory conduct than the charges against him. The proper standard for determining when a prospective juror may be excluded for cause because of her views on capital punishment is whether the juror's views will prevent or substantially impair her ability to perform her duties as a juror. A judge does not need to find that a prospective juror in a capital case would be unable to vote for the death penalty, but such a finding is a sufficient basis to excuse the juror for cause. A penalty retrial following a hung jury does not violate a defendant's rights to a fair jury trial, reliable penalty determinations, freedom from cruel and unusual punishment, due process and equal protection.

People v. Erskine - filed May 23, 2019
Cite as 2019 S.O.S. 2444
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Criminal Law and Procedure
When a criminal defendant posts bail, a trial court still has authority to impose reasonable conditions related to public safety.

In re Webb - filed May 23, 2019
Cite as 2019 S.O.S. 2453
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Criminal Law and Procedure
A defendant sentenced pursuant to a stipulated sentence prior to the passage of Senate Bill 1393 must obtain a certificate of probable cause before seeking a remand for re-sentencing under the new law.

People v. Gallindo - filed May 22, 2019, First District, Div. One
Cite as 2019 S.O.S. 2456
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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 Asian American and Pacific Islander Heritage Month

“Hon.   Hon. Wendy Chang
The Honorable Wendy Chang is a Judge of the Los Angeles Superior Court, appointed by Governor Brown on June 1, 2018, and currently assigned to Department 94 (Limited Civil Jurisdiction) in the Stanley Mosk courthouse. Prior to her appointment to the bench, Judge Chang was a civil litigator and counselor, with a focus on the representation of lawyers, as a Partner in the law firm Hinshaw & Culbertson, LLP.  She is a long-time volunteer for the State Bar of California, currently serving as a member of the Task Force on Access Through Innovation of Legal Services, and formerly serving as an Advisor to the State Bar of California's 2014 Rules Revision Commission, and as former chair to its Standing Committee on Professional Responsibility and Conduct.  She is a former member of the American Bar Association's Standing Committee on Ethics and Professional Responsibility, as well as its Judicial Advisory Committee, and a former board member of the Board of Directors of the National Association of Women Lawyers.  In addition to serving as an advisor to the Asian Pacific American Bar Association, Judge Chang remains active with the National Asian Pacific American Bar Association.  Ms. Chang is also a former member of the Los Angeles County Bar Association's State Appellate Judicial Evaluation Committee and its Professional Responsibility and Ethics Committee, and served as a past chair of the Appointive Office Committee for the Women Lawyers Association of Los Angeles.

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