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Full case name. The People of the State of California v. Brock Allen Turner. Indictment. January 28, 2015, on counts: 1.) rape of an intoxicated person, in violation of California Penal Code § 261 (a) (3) 2.) rape of an unconscious person, in violation of PC § 261 (a) (4) 3.) sexual penetration of an unconscious person, in violation of PC ...
The People of the State of California v. Superior Court (Romero), 13 CAL. 4TH 497, 917 P.2D 628 (Cal. 1996), was a landmark case in the state of California that gave California Superior Court judges the ability to dismiss a criminal defendant's "strike prior" pursuant to the California Three-strikes law, thereby avoiding a 25-to-life minimum sentence.
Robert Page Anderson. The use of capital punishment in the state of California was deemed unconstitutional because it was considered cruel or unusual. The People of the State of California v. Robert Page Anderson, 493 P.2d 880, 6 Cal. 3d 628 ( Cal. 1972), was a landmark case in the state of California that outlawed capital punishment for nine ...
Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge's obligations of impartial conduct.. Actions that can be classified as judicial misconduct include: conduct prejudicial to the effective and expeditious administration of the business of the courts (as an extreme example: "falsification of facts" at summary judgment); using the ...
Keeler v. Superior Court, Supreme Court of California, 2 Cal. 3d 619 (1970), is a criminal case in which a man who deliberately killed a viable fetus in a woman, was determined not to be guilty of murder because the murder statute was written in 1850 when "human being" meant a person born alive, so there was no fair warning (), there being no common law crimes in California whereby statutory ...
U.S. Const. amend. I; Cal. Penal Code 311.2 (a) Miller v. California, 413 U.S. 15 (1973), was a landmark decision of the U.S. Supreme Court clarifying the legal definition of obscenity as material that lacks "serious literary, artistic, political, or scientific value". [1]
People v. Berry[1] is a voluntary manslaughter case that is widely taught in American law schools for the appellate court ' s unusual interpretation of heat of passion doctrine. Although the defendant had time to "cool down" between his wife's verbal admission of infidelity and the killing, the California Supreme Court held that the provocation ...
People of California v. Hernandez, 61 Cal.2d 529 (1964), was a California Supreme Court case ruling that an "honest and reasonable" mistake as to the age of a female is a valid defense to a statutory rape charge. [1] The defendant was charged with violating California Penal Code section 261, subd. 1, statutory rape, a misdemeanor. He pleaded ...