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California Court of Appeal


People v. Knoller, A099250

In a murder trial for a dog mauling, an order granting defendant a new trial on her second degree murder conviction is reversed where the lower court 1)used a legally incorrect definition of implied malice, 2)improperly reassessed credibility on the issue of subjective knowledge, and 3)incorrectly considered the relative culpability of defendants.

Appellate Information

  • Decided 05/05/2005
  • Published 05/05/2005

Judges

  • LAMBDEN, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Riordan & Horgan, and Dennis Patrick Riordan, Donald M. Horgan, San Francisco, Dylan Schaffer, by appointment of the Court of Appeal under the First DistrictAppellate ProjectIndependent Case System, for Appellant Knoller., Clifford Gardner, San Francisco, by appointment of the Court of Appeal under the First DistrictAppellate ProjectIndependent Case System, for Appellant Noel.

  • For Appellees:
  • Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Eric D. Share, Supervising Deputy Attorney General, Amy Haddix, Deputy Attorney General, for Respondent.
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