Latest 3 Cases: Wood v. Super. Ct. (Civil Procedure), California v. Henderson (Constitutional Law), People v. Lopez (Criminal Law)

International Criminal Court Lacks Authority to Proceed Against Israel

SAMUEL ESTREICHER, GEORGE BOGDEN

NYU law professor Samuel Estreicher and JD candidate George Bogden, PhD, comment on a recent filing by the Prosecutor of the International Criminal Court (ICC) asking the court to exercise jurisdiction and grant permission to pursue an investigation of alleged war crimes in the West Bank and the Gaza Strip. Estreicher and Bogden argue that because Israel is not a state party to the action and Palestine is not a state recognized by international law, the ICC lacks territorial jurisdiction under the Rome Statute.

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Wood v. Super. Ct.

Docket: D076325(Fourth Appellate District)

Opinion Date: March 13, 2020

Judge: Guerrero

Areas of Law: Civil Procedure, Civil Rights, Legal Ethics

Petitioner Christynne Lili Wrene Wood contacted the California Department of Fair Employment and Housing (DFEH) to report alleged gender discrimination by her Crunch fitness club, which was owned and operated by CFG Jamacha, LLC and John Romeo (collectively, Crunch). After an investigation, DFEH filed a lawsuit against Crunch alleging unlawful discrimination on the basis of gender identity or expression (Wood intervened as a plaintiff in the lawsuit). During discovery, Crunch requested that Wood produce all communications with DFEH relating to Crunch. As relevant here, Wood refused to produce one such communication, a prelitigation email she sent to DFEH lawyers regarding her DFEH complaint, on the grounds of attorney-client privilege. Crunch moved to compel production of the email, and the trial court granted the motion. Wood petitioned the Court of Appeal for a writ of mandate, arguing the trial court erred by overruling her objection based on the attorney-client privilege and compelling production of the email. The Court summarily denied the petition. The California Supreme Court granted review and transferred the matter back to the appellate court with directions "to vacate [our] order denying mandate and to issue an order directing the superior court to show cause why the relief sought in the petition should not be granted." The Court of Appeal issued the order to show cause as directed, and these proceedings followed. After further review, the Court concluded Wood did not show the attorney-client privilege applied to the email at issue. "DFEH lawyers have an attorney-client relationship with the State of California. Wood has not shown DFEH lawyers formed an attorney-client relationship with her. As such, any communications between Wood and DFEH lawyers were not made in the course of an attorney-client relationship and were not privileged." Therefore, the petition for mandamus relief was denied.

California v. Henderson

Docket: D076200(Fourth Appellate District)

Opinion Date: March 13, 2020

Judge: Terry B. O'Rourke

Areas of Law: Constitutional Law, Criminal Law

A jury convicted Ian Henderson and codefendant Zavier Marks of attempted murder (count 1) and shooting at an inhabited dwelling (count 2). With respect to count 1, the jury found true allegations that the attempted murder was committed by both defendants willfully and with deliberation and premeditation. It found not true allegations as to both counts that the defendants committed the offenses for the benefit of, at the direction of, or in association with a criminal street gang. The court dismissed allegations that as to both counts, a principal either used a firearm, discharged a firearm, or discharged a firearm causing great bodily injury. However, it found true allegations that Henderson and Marks each suffered a single conviction constituting both a serious felony prior conviction, and a prior strike conviction. The court sentenced Henderson to a 29-year-to-life prison sentence: seven years to life on count 1 doubled to 14 years to life by his strike prior, plus a consecutive middle term of five years on count 2 doubled to 10 years, and an additional consecutive five years for the serious felony prior conviction. It sentenced Marks to 19 years to life in prison: seven years to life on count 1 doubled to 14 years to life by the strike prior conviction, plus a concurrent midterm of five years on count 2 doubled to 10 years, and a five-year enhancement for the serious felony prior conviction. Both defendants appealed their respective sentences. In supplemental briefing, both Henderson and Marks asked the Court of Appeal that the matter be remanded for resentencing so that the trial court may exercise its discretion whether to impose or strike the five-year sentence for their prior serious felonies. Pointing out the court did not indicate at sentencing whether it would have stricken the five-year terms if it knew it had discretion to do so, the State conceded the matter should have been remanded so the court could exercise its discretion whether to strike those terms. The Court of Appeal agreed with the concession, vacated the sentences and remanded for resentencing.

People v. Lopez

Docket: F076295(Fifth Appellate District)

Opinion Date: March 13, 2020

Judge: Rosendo Peña, Jr.

Areas of Law: Criminal Law

Defendant appealed his conviction for unlawful possession of a firearm and ammunition, attempted robbery, conspiracy to commit robbery, and a violation of the gang conspiracy statute, Penal Code section 182.5. The Court of Appeal held that the trial court erred in using conflicting jury instructions to explain the gang conspiracy charge, but the error did not prejudice defendant. The court modified the judgment to reflect a violation of section 182.5 based on the act of attempted first degree robbery. The court also held that counts 19 and 162 for conspiracy to commit home invasion robbery was duplicative, and thus vacated count 162 for insufficient evidence. The court remanded for resentencing in light of the reversal of count 162 and the modification of count 20. The court affirmed in all other respects.