Post

People v. Post

Good Law

114 Cal. Rptr. 2d 356·2001 Cal. App. LEXIS 3111·2001 Daily Journal DAR 12875·94 Cal. App. 4th 467·2001 WL 1573199

Court of Appeal of CaliforniaDecember 11, 2001B143588California7,125 words

Opinion

Turner, J.

I. Introduction

In the decision of In re Michael (1945) 326 U.S. 224, 227 [ 66 S.Ct. 78, 80 , 90 L.Ed. 30 ], Associate Justice Hugo Black wrote: “All perjured relevant testimony is at war with justice . . . .” California has virtually surrendered in this war when it comes to perjury during depositions. As will be noted, we conclude that unless a deposition transcript in a workers’ compensation matter is executed by the deponent, the crime of perjury cannot be committed. In reaching this conclusion which is clearly at odds with the public interest, we urge our Legislature to promptly bring California into line with federal law which quite intelligently provides that the crime of perjury is committed when a deponent lies as to a material issue at a deposition.

Defendant, Setsuko Betty Post, appeals from her convictions for one count of workers’ compensation insurance fraud (Ins. Code, § 1871.4, subd. (a)(1)) and two counts of perjury. (Pen. Code, § 118.) Defendant argues there was insufficient evidence to support the verdicts; the trial court improperly refused to instruct the jury with a special instruction; and the trial court improperly instructed the jury with CALJIC…

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Parties

The PEOPLE
Plaintiff
SETSUKO BETTY POST
Defendant

Judges

Turner

Cites (50)

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