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 t...

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...

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,...

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 convictio...