In re Richards 11/18/10 CA4/2

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: E049135

Case Date: 02/24/2011

Preview:Filed 11/19/10 In re Richards CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

In re WILLIAM RICHARDS, On Habeas Corpus.

E049135 (Super.Ct.Nos. SWHSS700444 & FV100826) OPINION

APPEAL from the Superior Court of San Bernardino County. Brian S. McCarville, Judge. Reversed. Michael A. Ramos, District Attorney, Grover D. Merritt, Lead Deputy District Attorney, and Stephanie H. Zeitlin, Deputy District Attorney, for Appellant The People. Jan Stiglitz, under appointment by the Court of Appeal, for William Richards. The People appeal the grant of petition for writ of habeas corpus of William Richards (Defendant) pursuant to Penal Code1 section 1506. The People contend the trial court erred in finding that new forensic evidence suggested Defendants conviction was
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All further statutory references are to the Penal Code unless otherwise indicated.

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fatally flawed, and as a consequence, erred in granting the petition for writ of habeas corpus. We agree and reverse. I. INTRODUCTION On July 8, 1997, Defendant was convicted by a jury of first degree murder of his wife, Pamela (victim) (

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