Tracking C&P Cases on Appeal (Updated)
Nelson Lu
In case people want to track the Crime and Punishment episodes' feature cases
on appeal, you can go to appellatecases.courtinfo.ca.gov. The Court of Appeal
involved for the cases is 4th District, Division 1.
Season/ Defendant's Name/ Appellate
Episode Case Type Case # Current Appellate Status
1/1 James Dailey D039119 Affirmed by Ct. App. Nonpub.
(murder of mysterious Opn., 2003 Cal. App. Unpub.
disappeared wife) Lexis 7231, review denied;
defendant has filed two habeas
petitions, both denied (D042901
and D043898)
1/2 Marshall Jones D039146 Affirmed by Ct. App. Pub. Opn.,
(killing of son to People v. Jones, 108 Cal. App.
pay vengeance on wife) 4th 455, 133 Cal. Rptr. 2d 358
(2003), review denied
1/3 Jesus Vasquez D039300/ Affirmed by Ct. App. Nonpub.
(jealous killing of D039326 Opns., People v. Vasquez,
girlfriend; after 2003 WL 149702 (Cal. App);
verdict, charged with People v. Vasquez, 2003 WL
attacking bailiffs) 77214 (Cal. App.)
1/4 Abraham Sanabria D038943 Affirmed by Ct. App. Nonpub.
(rape/assault of woman Opn., 2003 WL 31002851 (Cal.
met in park) App.)
1/5 Marcus Curry D039844 Affirmed by Ct. App. Nonpub.
(shooting of Opn., 2003 Cal. App. Unpub.
girlfriend) Lexis 11360, review denied
1/6 Michael Villa D039389 Affirmed by Ct. App. Nonpub.
(domestic violence as Opn., 2003 WL 1893484 (Cal.
3rd strike) App.), review denied
Thomas Schierbaum D039915 Affirmed by Ct. App. Nonpub.
(kidnap/rape of Opn., 2003 WL 116678 (Cal.
estranged wife) App.)
1/7 George Taitano (apparently not appealed)
(kidnap of 12-year-old)
1/8 Alfred Garcia D039666 Affirmed by Ct. App. Nonpub.
(stabbing of wife) Opn., 2003 WL 1904655 (Cal.
App.), review denied
1/9 Rene Kayser (apparently not appealed)
(DUI causing death)
Ismael Palomino (found not guilty)
Daniel Palomino (apparently not appealed)
(possesion of
methamphetamine)
1/10 Eric Wells (apparently not appealed)
(murder, later found
only guilty of lesser
charges)
1/11 Keeshawn Scott D040215 Affirmed by Ct. App. Unpub.
(attempted murder) Opn., 2003 Cal. App. Unpub.
Lexis 7834, review denied
Patrick Smith (would not be appealable to Court of Appeal;
(criminal threats) would only be appealable to Appellate
Apartment of local Superior Court)
1/12 Thomas Mayta D039503 Appeal dismissed after
("transferred intent" defendant died in prison
murder)
2/1 Richard Arnold D042036 Oral argument pending (not yet
(murder of brother-in- scheduled)
law, attempted murder
of his wife)
2/2 Ronald Barker D041774 Affirmed by Ct. App. Unpub.
Opn., 2004 Cal. App. Unpub.
Lexis 3850, petition for review
denied
Ny Nourn D041961 Affirmed in part, reversed in
(murder of Nourn's part by Ct. App. Unpub. Opn.,
other lover) 2004 Cal. App. Unpub. Lexis
4712 (prejudicial instruction
error on lying-in-wait special
circumstance)*, petition for
review pending
2/3 Clifford Smith D042157 Respondent's brief pending
(molestation)
2/4 Emile Robershaw D041674 Affirmed in part, reversed in
(DUI causing death) part by Ct. App. Unpub. Opn.,
2004 Cal. App. Unpub. Lexis
5201 (erroneous imposition of
multi-victim enhancement)@
2/5 Joseph Villarino D041490 Affirmed by Ct. App. Unpub.
(kidnapping/rape) Opn., 2004 Cal. App. Unpub.
Lexis 2507, petition for review
denied
2/6 Hugo Alcazar D041563 Respondent's brief pending
(murder/rape)
2/7 Delia Contreras D043657 Respondent's brief pending
(retrial on murder
after earlier
reversal)
3/1 George Waller/ D042645 Oral argument waived; decision
Lawrence Calhoun pending
(not guilty on second
degree murder, guilty
on vehicular
manslaughter)
3/2 Brenda Cook (would not be appealable to Court of Appeal;
(animal cruelty) would be only appealable to the Appellate
Department to the local Superior Court)
Lawrence Marsh (apparently not appealed)
(identity theft)
3/3 Bernard Cutts D042035 Affirmed by Ct. App. Unpub.
(murder of girlfriend) Opn., 2004 Cal. App. Unpub.
Lexis 2029, petition for review
denied
3/4 Terry Hall D041342 Affirmed by Ct. App. Unpub.
(murder of wife) Opn., 2004 Cal. App. Unpub.
Lexis 5131, petition for review
pending
3/5 Ryan McPherson/ (apparently not appealed)
Zachary Bubeck
("bum fight" case)
Reid Chastang (would not be appealable to the Court of
Appeal; would only be appealable to Appellate
Department of the local Superior Court)
* In Ny Nourn's case, the judge instructed that for the lying-in-wait special
circumstance to apply, she did not need to have intended to kill the victim,
but only needed to have acted with reckless indifference. This was clearly
erroneous because the statute actually requires intent to kill, so that
finding (which led to a life-without-parole sentence for her) is reversed.
The rest of her conviction was affirmed, so she will now get either 25-to-life
(if the prosecution chooses not to retry her on the special circumstance or
loses at the second trial) or LWOP (if the prosecution retries her and wins),
unless the California Supreme Court grants review and reverses the Court of
Appeal.
@ In Emile Robersaw's case, the DA failed to charge a multi-victim one-year
enhancement, but the judge added it anyway. The law requires that the
enhancement be alleged and proved to the jury, so that enhancement was
reversed, which will end up saving the defendant about 4 months of time.
Nelson Lu
(masturbation in Appeal; would only be appealable to Appellate
public; resisting) Department of the local Superior Court)
3/6 Tiana Thomas (apparently not appealed)
(assaulting husband
with car)
Charles Mabane (apparently not appealed)
(kidnap/molestation
by juvenile tried as
adult)
T. G.
> (Updated to the 7/17/04 episode.)
>
> In case people want to track the Crime and Punishment episodes' feature cases
> on appeal, you can go to appellatecases.courtinfo.ca.gov. The Court of Appeal
> involved for the cases is 4th District, Division 1.
>
> Season/ Defendant's Name/ Appellate
> Episode Case Type Case # Current Appellate Status
> 3/6 Tiana Thomas (apparently not appealed)
> (assaulting husband
> with car)
I'm curious to know if anyone thought that the judge in this case
tried to punish the defendant for a crime she was not convicted of.
Theget
Nelson Lu
T. G. <the...@bigmailbox.net> wrote:
>n...@Xenon.Stanford.EDU (Nelson Lu) wrote in message news:<cdd3nm$sc5$1...@Xenon.Stanford.EDU>...
>> Episode Case Type Case # Current Appellate Status
>> 3/6 Tiana Thomas (apparently not appealed)
>> (assaulting husband
>> with car)
>
>I'm curious to know if anyone thought that the judge in this case
>tried to punish the defendant for a crime she was not convicted of.
Yes and no. The judge did make the comment that she was imposing sentence as
if the defendant had been convicted of a felony. But ultimately, she didn't
give the defendant the maximum of 180 days (which she could have). 120 days
for misdemeanor assault is harsh, but not unheard of.
emgf...@gmail.com
I think he did appeal in mid 2003 but it was denied.
His name is: Jorge Tenorio Taitano