Misconduct - prosecutorial - use of misleading PowerPoint presentation
People v. Katzenberger (3rd Dist., 11/2/09, C058883) ___ Cal.App.4th ___
DA's use of PowerPoint presentation where reasonable doubt illustrated by puzzle pieces depicting Statue of Liberty, in which first six pieces came onto screen sequentially, leaving two additional pieces missing and prosecutor argued it was possible to know what was depicted "beyond a reasonable doubt" even without missing pieces and prosecutor then added two missing pieces to show the picture was in fact the Statue of Liberty was "improper" but not prejudicial. "The prosecutor's use of an easily recognizable iconic image along with the suggestion of a quantitative measure of reasonable doubt combined to convey an impression of a lesser standard of proof than the constitutionally required standard of proof beyond a reasonable doubt. The prosecutor committed misconduct."
Parole - effect of indefinite post-release plans
In re Cerny (1st Dist., 11/4/09, A122964) ___ Cal.App.4th ___
In light of defendant's extensive history of drug use before being sent to prison, Board's concern about prisoner's uncertain parole plans justified. Applying standard of review of In re Lawrence (2008) 44 Cal.4th 1181 and In re Shaputis (2008) 44 Cal.4th 1241 (some evidence), petition had to be denied.
Search & seizure - action by private mail facility employee
People v. Reyes (4th Dist., 10/30/09, G038778) ___ Cal.App.4th ___
Defendant did not have reasonable expectation of privacy in outside of envelopes addressed to him when private mail facility employee showed them to police. See United States v. Osunegbu (1987) 822 F.2d 472.
Sentencing - imposing two enhancements
People v. Gonzalez (2nd Dist., 11/4/09, B208413) ___ Cal.App.4th ___
Imposing both three-year GBI enhancement (PC 12022.7(a)) and 10-year gang enhancement (PC 186.22(b)(1)(C)) for infliction of GBI on same victim in single offense violates Penal Code section 1170.1, subdivision (g).
sTrial - stationing courtroom deputy next to defendant
People v. Stevens (Ca. Sup. Ct., 11/5/09, S158852) ___ Cal.4th ___
Stationing courtroom deputy next to testifying defendant not inherently prejudicial practice that must be justified by showing of manifest need. It is not akin to a "human shackle." Trial court has broad power to maintain courtroom security and orderly proceedings. (People v. Hayes (1999) 21 Cal.4th 1211, 1269.) However, visible physical restraints like handcuffs or leg irons may erode presumption of innocence, as well as prison clothing. (Deck v. Missouri (2005) 544 U.S. 622, 630.) They must be justified by particular need.
People v. Katzenberger (3rd Dist., 11/2/09, C058883) ___ Cal.App.4th ___
DA's use of PowerPoint presentation where reasonable doubt illustrated by puzzle pieces depicting Statue of Liberty, in which first six pieces came onto screen sequentially, leaving two additional pieces missing and prosecutor argued it was possible to know what was depicted "beyond a reasonable doubt" even without missing pieces and prosecutor then added two missing pieces to show the picture was in fact the Statue of Liberty was "improper" but not prejudicial. "The prosecutor's use of an easily recognizable iconic image along with the suggestion of a quantitative measure of reasonable doubt combined to convey an impression of a lesser standard of proof than the constitutionally required standard of proof beyond a reasonable doubt. The prosecutor committed misconduct."
Parole - effect of indefinite post-release plans
In re Cerny (1st Dist., 11/4/09, A122964) ___ Cal.App.4th ___
In light of defendant's extensive history of drug use before being sent to prison, Board's concern about prisoner's uncertain parole plans justified. Applying standard of review of In re Lawrence (2008) 44 Cal.4th 1181 and In re Shaputis (2008) 44 Cal.4th 1241 (some evidence), petition had to be denied.
Search & seizure - action by private mail facility employee
People v. Reyes (4th Dist., 10/30/09, G038778) ___ Cal.App.4th ___
Defendant did not have reasonable expectation of privacy in outside of envelopes addressed to him when private mail facility employee showed them to police. See United States v. Osunegbu (1987) 822 F.2d 472.
Sentencing - imposing two enhancements
People v. Gonzalez (2nd Dist., 11/4/09, B208413) ___ Cal.App.4th ___
Imposing both three-year GBI enhancement (PC 12022.7(a)) and 10-year gang enhancement (PC 186.22(b)(1)(C)) for infliction of GBI on same victim in single offense violates Penal Code section 1170.1, subdivision (g).
sTrial - stationing courtroom deputy next to defendant
People v. Stevens (Ca. Sup. Ct., 11/5/09, S158852) ___ Cal.4th ___
Stationing courtroom deputy next to testifying defendant not inherently prejudicial practice that must be justified by showing of manifest need. It is not akin to a "human shackle." Trial court has broad power to maintain courtroom security and orderly proceedings. (People v. Hayes (1999) 21 Cal.4th 1211, 1269.) However, visible physical restraints like handcuffs or leg irons may erode presumption of innocence, as well as prison clothing. (Deck v. Missouri (2005) 544 U.S. 622, 630.) They must be justified by particular need.
