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Latest First District Victories

July 22, 2021

A153709

Panel Attorney: David Polsky

[Published Opinion] In a case where the jury found appellant guilty of vehicular manslaughter with gross negligence, the Court of Appeal held that the prosecutor misstated the law involving circumstantial evidence in closing argument.  Specifically, the court found that “innocence” under CALCRIM No. 224 refers to being not guilty of the charged crime, not to being not guilty of the charged crime and any lesser included offenses, as the prosecutor argued to the jury.  The Court of Appeal further held that the trial court incorrectly answered a jury question about the use of post-crash conduct  to find gross negligence, and that the cumulative impact of these errors was prejudicial.

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Latest Panel Alerts

April 28, 2021

Probation, Mandatory Supervision, Parole, and Postrelease Community Supervision Webinar: Understanding the Differences and Challenging Condition

Until 2011, there were two primary forms of revocable supervision in California: probation and parole. With the passage of the… more

April 7, 2021

The California Racial Justice Act Webinar: Understanding and Leveraging this Groundbreaking Legislative Reform on Appeal

In September 2020, Governor Newsom signed the California Racial Justice Act (RJA), a groundbreaking law designed to address rampant racial… more

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