P.

P. v. Strain CA4

Good Law
Court of Appeal of CaliforniaJuly 19, 2013C062509MCalifornia31,779 words

Opinion

Opinion

facts underlying the issue. 2. On lines 11-12 on page 52 of the opinion, replace the parenthetical “(See fn. 28, ante.)” with “(See fn. 29, ante.)” 3. On line 2 on page 73 of the opinion, after the sentence reading: “Those cases are inapposite here.” add a footnote following footnote 34 in the opinion as filed June 26, 2013, to read as follows: In his petition for rehearing, defendant Holloran claims that we misstate the record by saying the trial judge made no finding regarding his father‟s credibility. Holloran cites the judge‟s response when Nelson‟s lawyer conceded that Juror No. 10 should be removed from Nelson‟s jury for questionable veracity after the juror claimed not to recall having spoken with Holloran‟s father, yet Holloran‟s father knew personal information about the juror that turned out to be true, i.e., that the juror worked in a bakery, got off work at 1:00 p.m., and ate a snack to stay attentive. The judge said to Nelson‟s trial counsel, “I agree. I share your concerns as to [the juror‟s] veracity.” At most, this comment reflects that the judge believed that Holloran‟s father indeed spoke with this juror, as stated by Holloran‟s father. In contrast, our…

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