People v. Southard
| Docket Number | A157236 |
| Decision Date | 24 March 2021 |
On December 18, officers stopped a pickup truck that was driving at about 35 miles per hour in a 55 mile per hour zone, while straddling the white line. Southard emerged and ran; officers tased and arrested Southard. On December 25, Southard and his minor son were passengers in a car driven by Bonde that was stopped because the license plate lights were not working. Officer Krueger recognized Southard and was aware of the December 18 incident. Bonde’s license came back as suspended but...
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8 cases
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People v. Hornsby
...[did] a prohibited act; however it is not required that [he] intended to breach the law.'" (Id. at pp. 666-667, italics added.) Southard distinguishable. In Southard, the defendant was charged with resisting a police officer and possession of methamphetamine, both general intent crimes that......
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People v. Fuentes
...is unlawful," the defendant "may not be convicted of violating ... section 148" by resisting the officer. ( People v. Southard (2021) 62 Cal.App.5th 424, 435, 276 Cal.Rptr.3d 656 ; People v. Gerberding (2020) 50 Cal.App.5th Supp. 1, 4, 263 Cal.Rptr.3d 702 [reversing section 148 conviction f......
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People v. Rios
... ... contradicted. (Woodward, at p. 341 [conflicting ... testimony regarding identity]; Pearch, at p. 1294 ... [conflicting testimony regarding whether the victim ... voluntarily accompanied the defendants or was kidnapped]; see ... People v. Southard (2021) 62 Cal.App.5th 424, ... 438-439.) In the absence of some conflicting evidence, we do ... not infer from a lengthy deliberation that the evidence ... presented created a close case. "Instead, … the ... length of the deliberations could as easily be reconciled ... ...
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People v. Byrket
... ... the offense was committed. ( People v. Smith, supra , ... at pp. 240-241; In re Manuel G., supra , at p. 817.) ... An officer's use of excessive force renders an arrest ... unlawful, and that was defendant's theory at trial ... ( People v. Southard ... (2021) 62 Cal.App.5th 424, 434-435; People v. Olguin ... (1981) 119 Cal.App.3d 39, 44- 46; People v. White ... (1980) 101 Cal.App.3d 161, 166-167.) As such, the defense ... relied largely on attacking Geherty's credibility, with ... the hope the jury would ... ...
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3 books & journal articles
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Table of Cases null
...v. Soun, 34 Cal. App. 4th 1499, 40 Cal. Rptr. 2d 822 (6th Dist. 1995)—Ch. 5-A, §2.2.3(2)(b)[2]; §3.2.2(1)(a) People v. Southard, 62 Cal. App. 5th 424, 276 Cal. Rptr. 3d 656 (1st Dist. 2021)—Ch. 8, §1.1.1(1)(b)[1] People v. Souza, 9 Cal. 4th 224, 36 Cal. Rptr. 2d 569, 885 P.2d 982 (1994)—Ch.......
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Additional charges
...necessary and proper. It is error to remove this required element from the jury instructions as was done in People v. Southard (2021) 62 Cal.App.5th 424. Section 69 “sets forth two separate ways in which an offense can be committed. The first is attempting by threats or violence to deter or......
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Chapter 8 - §1. Burdens
...that impacts a defendant's fundamental right to a jury trial and is a violation of due process. People v. Southard (1st Dist.2021) 62 Cal.App.5th 424, 437. Elements of a charged offense include elements of a statutory enhancement to a particular crime—that is, facts that would expose the de......