People v. Nguyen – 8/13/2015

People v. Nguyen

No. S076340; 61 Cal.4th 1015 (opn 8/13/2015; rhg den 10/14/2015; petn for cert to be filed)

Year: 2015
Facts: Error/Omission
Law: Error/Misstatement
Issues: Omission/Unbriefed
Prejudice: Selective vs. Whole-Record Review
Court: Supreme Court
Errors Found/Argued: Errors not found by another court

Summary: In this capital case decision, the California Supreme Court consistently portrayed the facts of the crimes in a misleadingly (and sometimes inaccurately) pro-prosecution manner, ignoring evidence that undermined the prosecution’s case or supported the defense version; it repeatedly ignored appellant’s legal arguments; it ignored precedent in appellant’s favor; it reached pro-prosecution conclusions about the law that were neither explained nor supported by precedent; it frequently misstated or misleadingly portrayed the facts relevant to the legal issues raised; and it relied on reasons for rejecting appellant’s claims that had not been proposed by the respondent. See, e.g.:

Facts: Error/Omission: Rhg.Pet. pp. 5-21, 34-36, 39, 46-49, 50-51, 56-57, 58

Law: Error/Misstatement: Rhg.Pet. 28-29, 56, 58-59

Issues: Omission, Mischaracterization, Unbriefed: Rhg.Pet. 21-26, 29-30, 34, 36-37, 39, 40-44, 51-52, 53-55, 56-57

Prejudice: Selective vs. Whole Record Review: Rhg.Pet. 13, 31, 34, 37-38, 44-46

Document Links:
Supreme Court Opinion (61 Cal.4th 1015; Google Scholar)
Supreme Court Opinion (PDF)
Petition for Rehearing (PDF)