281. Section 210.0 of the Model Penal Code, as referenced in Black's Law Dictionary, defines "deadly weapon" as "[a]ny firearm, or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury." It’s unclear what appetite the justices will have to wade into the issue at this juncture. ), FN 6. Reformers find this appallingly unfair, based on the fact that when California’s public employee pension benefit accruals were enhanced, the enhancement was applied retroactively. While the 1905 high court ruling remains on the books with no case since where the justices have grappled with similar issues, in his dissent from the Friday 9th Circuit order, Collins sounded skeptical about the sweep of the century-old case. For the most part, many state and local miscellaneous workers received much more modest pension increases. 1428, § 1, p. [7] Under present rules for determining the existence of prejudicial error, the improper introduction of a confession is considered reversible per se (People v. Randall, supra, 1 Cal. It is not too late to undo this wrong turn. fn. (People v. Fitzgerald (1961) 56 Cal. We may properly assume, however, that defendant's testimony was impelled by the prosecutor's introduction of her admission during the People's case in chief. 705, 502 P.2d 513]. On appeal, in reliance on People v. Guiton, supra, 4 Cal. The Court of Appeal inferred from the inclusion of both clauses in section 245, subdivision (a)(1), a legislative intent that a meaningful difference exist between the two clauses, an intent furthered by the court's reading of the statute. After reviewing the response from Pavlovich's attorneys, O'Connor can extend the stay, giving the DVD CCA time to draft further petitions asking the Supreme Court to look at the California case. An over-looked but major turning point in this country’s history. Those instructions, as relevant here and as read to the jury in this case, provide as follows: "Every person who commits an assault upon the person of another with a deadly weapon or instrument or by means of force likely to produce great bodily injury is guilty of a violation of section 245, subdivision (a)(1) of the Penal Code, a crime. Rptr. So far, the Justice Department has not filed any suits on behalf of individuals, churches or other organizations aggrieved by the lockdowns, but has issued a smattering of friend-of-the-court briefs and letters expressing concern about some of the measures. While evidence is lacking regarding the type of footwear worn by the four assailants, that they were shod is not disputed. The new emergency application was submitted to Justice Elena Kagan, who oversees the 9th Circuit. Several active court cases are challenging the California Rule, and because of the decisive impact the eventual rulings in these cases may have, pension reformers have largely put their efforts on hold. 394, 524 P.2d 866]; People v. Randall, supra, 1 Cal. Petition for review after the Court of Appeal affirmed the judgment in an action for writ of administrative mandate. 4th 1028]. Alameda County Deputy Sheriff’s Association, et al. The court ordered briefing deferred pending decision in Alameda County Deputy Sheriff’s Assn. There are so many principles of law already in operation that supercede the alleged “California Rule”. Supreme Court Case: S248513. [2a] It is defendant's position that once she requested an attorney, the officers should have immediately ceased their interrogation efforts and procured an attorney to assist her. Hands and feet can be deadly weapons, and you don't have to be a black belt in karate, like sometimes you see on television. 2. We don't know. 3d Supp. 2d 365, 847 P.2d 45]) was improper. Reading this definition back into the statute, we find that section 245(a)(1) thus actually punishes an assault committed in any one of three ways: i.e., (1) with a weapon deadly per se, or (2) with an object used in a way likely to produce great bodily injury, or (3) by means of a force also likely to produce great bodily injury. 4th 1031] been brought to our attention where the prisoner had been convicted of an assault made with a deadly weapon with intent to inflict upon the person of another a bodily injury in which there had been a failure altogether to allege the assault to have been made with a deadly weapon; indeed, the fact that a deadly weapon was resorted to by the prisoner is made by the statute itself an indispensable characteristic of such an assault, and one which distinguishes it from all others." Time to apply the “Hawaii Rule” – for the greater social good and reign in the public pension mess. (See People v. Wingo, supra, 14 Cal.3d at p. 4th 806, "[A]ll aggravated assaults are ultimately determined based on the force likely to be applied against a person." But future pension benefits paid by present available dollars only – they can save for reitirement out of pocket, sign up for social security, and/or take advantage of any defined-contribution plan voters decide to offer that tax dollar funded entity. 1982) p. 4th 1035]. v. Alameda County Employees’ Retirement Assn., S247095, which includes the following issue: Did statutory amendments to the County Employees’ Retirement Law (Gov. [3] We have repeatedly held that "A suspect who has asserted his rights and prevented further lawful interrogation nonetheless retains the option, thereafter, voluntarily to initiate a confession." It might be more. There are/were some local governments which have higher formulas for miscellaneous workers (3%@60, for example) 3d 178, 187 [133 Cal. 3d 227] cannot be considered a voluntary, self-initiated conversation. Thus, he reasons, section 245, subdivision (a)(1), prohibits three different acts: (1) assault with a deadly weapon; (2) assault with a deadly instrument other than a firearm; and (3) assault with force likely to produce great bodily injury. Tenny was repeatedly kicked "like [a] football" and suffered, as well, a few blows from the hands of his assailants.


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