7 results for 'judge:"Greenwood"'.
J. Greenwood finds that the trial court properly denied defendant’s Marsden motion after he was convicted of numerous sexual assault and violent charges, including rape of an unconscious person, forcible oral copulation, criminal threatening, felony false imprisonment and more. He also argues the court erred when it denied striking or removing challenged material, but the court had the authority to properly accept the material. Affirmed in part. Vacated in part.
Court: California Courts Of Appeal, Judge: Greenwood, Filed On: February 21, 2024, Case #: H049430, Categories: Criminal Procedure, Evidence, Assault
[Modified.][Consolidated.] J. Greenwood makes two small modifications with no change in judgment. The trial court erroneously found that a city's response to public records requests by a legal advocacy group violated the Public Records Act. The group's claim is moot because the city has produced all responsive nonexempt footage of a police operation to clear homeless encampments from water district property. However, the trial court properly rejected the group's claim that the city violated the Act by destroying body-worn camera footage while the group's public records requests were pending, as the Act does not require public agencies to retain all records that might be requested. Reversed in part.
Court: California Courts Of Appeal, Judge: Greenwood, Filed On: November 20, 2023, Case #: H049552, Categories: Public Record
[Consolidated.] J. Greenwood overturns the trial court's finding that a city's response to public records requests by a legal advocacy group violated the Public Records Act. The group's claim is moot because the city has produced all responsive nonexempt footage of a police operation to clear homeless encampments from water district property. However, the trial court properly rejected the group's claim that the city violated the Act by destroying body-worn camera footage while the group's public records requests were pending, as the Act does not require public agencies to retain all records that might be requested. Reversed in part.
Court: California Courts Of Appeal, Judge: Greenwood, Filed On: October 23, 2023, Case #: H049552, Categories: Public Record
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Greenwood finds that an executor and personal representative of an estate may not represent herself in a partition action over the estate. Her claims against third parties on behalf of estate beneficiaries cannot be made without counsel, and she may not pursue an appeal without counsel either, because she is representing the interests of both herself and others.
Court: California Courts Of Appeal, Judge: Greenwood, Filed On: September 8, 2023, Case #: H045037, Categories: Civil Procedure, Property, Wills / Probate
J. Greenwood vacates defendant's first degree murder conviction because of statutory changes to the felony murder definition. A rational juror could reasonably doubt that he was aware that the attack he participated in carried a grave risk of death. Also, the trial court erroneously refused to release jailhouse phone recordings to defendant, whose request for them was not overbroad. His robbery conviction, which relied on testimony from a witness who spoke to him in the phone calls, is therefore conditionally reversed. On remand, the trial court must review the recordings and then determine whether he was prejudiced by its refusal to release them. Reversed.
Court: California Courts Of Appeal, Judge: Greenwood, Filed On: July 6, 2023, Case #: H046577, Categories: Murder, Robbery