7 results for 'judge:"Raphael"'.
J. Raphael finds the trial court properly denied defendant’s motion to vacate his voluntary manslaughter conviction after he pleaded guilty to a murder charge. The man claims he was not alone when he stabbed the victim, and that he was defending himself. The investigators recounted the admission that he acted alone, and nothing suggested there was an accomplice. Affirmed.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: February 23, 2024, Case #: E080611, Categories: Murder, Sentencing, Manslaughter
J. Raphael finds that the trial court properly awarded a mattress manufacturer some of the costs it incurred before mattress buyers dismissed their products liability suit. The manufacturer did not know the case would be dismissed before it started discovery and paid fees for service of process and court reporters in preparation for depositions. Affirmed.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: January 8, 2024, Case #: E079859, Categories: Consumer Law, Product Liability, Attorney Fees
J. Raphael finds that the trial court must revisit its denial of a wife's petition for a domestic violence restraining order. It must make findings on her claims that her estranged husband engaged in a pattern of trying to control her finances, movements and access to communications, which are forms of abuse under the Domestic Violence Protection Act. Reversed.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: August 16, 2023, Case #: E080000, Categories: Family Law
J. Raphael finds that the Workers' Compensation Appeals Board must revisit its reversal of a trial court finding about the base compensation to be used in determining a worker's final benefits. The term "compensation" includes only items described in the Labor Code and does not include industrial disability leave, which is controlled by the Government Code.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: August 14, 2023, Case #: E079076, Categories: Workers' Compensation
J. Raphael finds that statute authorized the juvenile court to dismiss parts of a petition against a juvenile without dismissing the entire petition. The juvenile court dismissed one gun possession count that did not allow for his commitment to a secure youth treatment facility but retained the robbery and assault counts that did. Affirmed.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: August 3, 2023, Case #: E080284, Categories: Criminal Procedure, Juvenile Law, Robbery
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J. Raphael finds the lower court improperly convicted defendant of carrying a loaded firearm in public and sentenced him to 12 months incarceration with 11 months and 15 days suspended. A police officer testified that he saw defendant carry a pistol with an extended magazine in a public place, and after investigation found that he did not have a concealed-carry permit. Because the Commonwealth failed to prove beyond a reasonable doubt that the weapon defendant carried was a center-fire pistol, an essential element under Code § 18.2-287.4, the conviction is vacated and the charge dismissed. Reversed.
Court: Virginia Court Of Appeals, Judge: Raphael, Filed On: August 1, 2023, Case #: 0427-22-2, Categories: Evidence, Firearms
J. Raphael finds, on first impression, that Assembly Bill 333, which limits the punishments for gang participation, does not apply to serious felony and strike priors based on active participation in a criminal street gang. The trial court must allow the state to retry defendants on gang participation and gang enhancement counts, and to seek upper term sentences. Reversed in part.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: June 30, 2023, Case #: E077553, Categories: Murder, Sentencing, Gangs