DISCOVERY - POST-CONVICTION
Osborne v. District Attorney's Office for the Third Judicial District
(9th Cir. 4/2/08, 06-35875) 08 C.D.O.S. 3795
Under facts of this case, prisoner has a limited due process right of
access to evidence used in 1994 to convict him of kidnapping and
sexual assault, for purposes of post-conviction DNA testing which
might either confirm guilt or provide strong evidence upon which he
may seek post-conviction relief.
Ed. Note: okay, now why would Anchorage District Attorney Adrienne
Bachman want to deny this man access to evidence that might prove he's
factually innocent? I'm really curious.
MAYHEM - AGGRAVATED - SLASHING FACE
People v. Szadziewicz (C.A. 2nd, 4/1/08, B191683) 08 C.D.O.S. 3819
Vic's testimony that defendant repeatedly slashed his face while
holding him down provided substantial evidence supporting aggravated
mayhem conviction.
FORGERY - TRICKING VICTIM INTO SIGNING DOCUMENT
People v. Martinez (C.A. 4th, 4/1/08, E042427) 08 C.D.O.S. 3835
Tricking victim into signing trust deed which she thought was
application for bankruptcy, constituted forgery, but since under Penal
Code section 470, subdivision (d), falsification of two signatures on
one trust deed constitutes one, not two counts, of forgery, and
defendant had already been found guilty of falsifying the notary's
signature, conviction had to be set aside.
