Issue of whether defendant’s presence on a balcony amounted to entry of a building was a question of law and was not for jury to resolve. Trial court did not err by including the term “balcony” in definition of burglary where balcony at issue was immediately adjacent to apartment’s living room, extended the living room space, was accessible only through victim’s apartment, and was intended for the exclusive use of apartment’s inhabitants; any error was harmless where evidence

The Cal. Supreme Court here issue another long opinion affirming a death verdict. They begin by rejecting the defense claim of jury instruction error on the issue of lying in wait. The Cal. Supreme Court says that the issue is whether a defendant can murder by lying in wait when there are only a few seconds of waiting, but they never actually expressly address that point. Instead, they point to lots of planning activity by the defendant, though it’s not clear to me how that’s

Some felons can get a Certificate of Rehabilitation. The trial court here denied this defendant’s request because the defendant had the nerve to deny that he was guilty. The Court upholds denial of the Certificate on the basis that the defendant won’t admit guilt. So, folks who are guilty and admit guilt can get a Certificate, but innocent folks who deny guilt can’t. People v. Blocker; 2010 DJ DAR 17731; DJ, 11/24/10; C/A 1st, Div. 2

In final argument, the DA argued that defense counsel and the defense expert in this rape case has “attacked” the victim in a previous, unrelated rape case, suggesting that counsel and the expert were willing to present whatever testimony necessary to avoid a conviction. The Court says that this was highly improper and “clearly” prosecutorial misconduct. The Court also found misconduct because the DA argued that the defense expert had been hired by defense counsel to make up