9 results for 'judge:"Humes"'.
J. Humes finds that the trial court improperly granted the state's peremptory strike of a Black, female juror from defendant's trial for sexual abuse of a child. The strike was prima facie discriminatory but the state's reasons for the strike were facially race-neutral. However, the trial court failed to adequately probe the state's claims that it struck the prospective juror because she held a doctoral degree in a soft science, said she was concerned about implicit bias and demonstrated she might be too opinionated. Reversed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: May 10, 2024, Case #: A164789, Categories: Jury, Sex Offender
[Modified.] J. Humes removes two citations with no change in judgment. Defendant may seek to have his sentence reduced in a full resentencing hearing on assault and threat convictions due to legislation that changed the application of sentencing enhancements. One new law gives courts discretion to strike a prior serious felony allegation and another specifies the factors for courts to consider when doing so. However, other benefits of his plea agreement may be withdrawn in the process. Reversed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: November 2, 2023, Case #: A166124, Categories: Sentencing, Assault, Plea
J. Humes finds the trial court properly convicted defendant for felony robbery of a restaurant at which he used to work. Evidence shows that defendant did not return the restaurant’s keys when he left his employment, and that significant debts he had were paid off shortly after the robbery. This supports the convictions. Defendant’s motion for a mistrial was properly denied after a substitute judge took over due to Covid-19 concerns. The judges’ communications were ethical and did not deny defendant a fair trial. Any error in permitting the jury to deliberate remotely for one day was harmless because the record establishes that the deliberation did not result in a finding of guilt. Affirmed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: October 25, 2023, Case #: A165957, Categories: Evidence, Fair Trial, Robbery
J. Humes finds that the trial court properly rejected landlords' challenge to a $2.7 million judgment awarded to tenants in a harassment and unlawful eviction case. Landlords lack a legal basis to argue that the primary right theory barred tenants from pursuing their claims after they had surrendered their rental unit in an unlawful detainer action. Tenants were not required to file a cross-complaint in the unlawful detainer action, which dealt solely with the issue of current possession. Affirmed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: October 19, 2023, Case #: A164470, Categories: Civil Procedure, Landlord Tenant
J. Humes finds that the trial court that denied a student attorney fees after overturning his one-year suspension from school improperly required him to show that his university had acted in a wholly arbitrary and capricious manner. While the student's petition did not confer a significant public benefit that would support a fee award, the trial court must revisit the denial to determine whether the university's conduct was sufficiently arbitrary or capricious to merit a fee award. Vacated in part.
Court: California Courts Of Appeal, Judge: Humes, Filed On: October 19, 2023, Case #: A166145, Categories: Education, Attorney Fees
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J. Humes finds that defendant may seek to have his sentence reduced in a full resentencing hearing on his assault and threat convictions due to legislation that changed the application of sentencing enhancements. One new law gives courts discretion to strike a prior serious felony allegation and another specifies the factors for courts to consider when doing so. However, other benefits of his plea agreement may be withdrawn in the process. Reversed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: October 17, 2023, Case #: A166124, Categories: Sentencing, Assault, Plea
J. Humes finds that the trial court must revisit a resentencing request that was made by a previous district attorney and withdrawn by his replacement. Defendant is serving consecutive life sentences for attempted murder and other counts. A trial court has the discretion to end a resentencing proceeding where a district attorney provides a legitimate basis for withdrawal, but the trial court is not required to rule on the merits before allowing a request to be withdrawn. Vacated.
Court: California Courts Of Appeal, Judge: Humes, Filed On: August 4, 2023, Case #: A165925, Categories: Murder, Sentencing, Due Process
[Consolidated.] J. Humes holds that the trial court properly found that a town was within its discretion to deny an application to develop a 186-acre property for safety and environmental reasons. The town's land-use actions did not amount to a regulatory taking and neither side preserved their inverse condemnation arguments. The "Study" land-use designation did not deprive the owners of equal protection or due process because the town had a rational basis for its actions and the owners were still able to pursue development. But the town must amend the property's "Study" land-use designation, which is non-conforming. The owners are not due costs and attorney fees because they had clear financial incentives to pursue litigation. Affirmed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: July 19, 2023, Case #: A163636, Categories: Environment, Zoning, Housing
J. Humes finds that the trial court properly convicted defendant of forcible rape. However, though moving the victim from one bathroom stall to another supported a simple kidnapping count, the movement did not substantially increase the risk of harm to support an aggravated kidnapping circumstance. Because the kidnapping was not aggravated, the sentence is reduced from 25-years-to-life to 15-years-to-life. Reversed in part.
Court: California Courts Of Appeal, Judge: Humes, Filed On: June 14, 2023, Case #: A163761, Categories: Sentencing, Sex Offender, Kidnapping