People v. Von Villas

I

Procedural Background

Because of the unique procedural history of this case, it is appropriate to set forth at length the various twists and turns it followed. Janie Ogilvie, Robert Anthony Von Villas and Richard Herman Ford were named defendants in an indictment returned by the Los Angeles County Grand Jury on February 15, 1984. Each defendant was charged with conspiracy to commit murder (Pen. Code, § 182; all statutory references are to the Penal Code unless otherwise indicated) and murder (§ 187). Thomas Weed was the victim. The special circumstance of murder for financial gain (§ 190.2, subd. (a)(1)) was alleged.

Ms. Ogilvie, Von Villas and Ford requested a postindictment preliminary hearing on March 16, 1984, and on March 22, 1985, the preliminary hearing resulted in an information being filed against Von Villas and Ford as defendants. Ms. Ogilvie became a nondefendant coconspirator, and Joyce Reynolds and Julie Rabold were also named as nondefendant coconspirators.

On May 14,1985, Von Villas and Ford challenged the information through a section 995 motion. Concomitantly, the prosecution filed a motion to consolidate the case with another prosecution pending…

I concur in the affirmance of the Ford judgment and dissent from the majority opinion’s disposition as to Von Villas.

I dissent from that disposition because it leaves intact convictions obtained by a trial of “undermine[d] integrity [and] taint[ed] [by] fundamental unfairness. . . (People v. Marshall (1990) 50 Cal.3d 907, 951 [ 269 Cal.Rptr. 269 , 790 P.2d 676 ].)

Instead of forthrightly reversing the Von Villas judgment and ordering a new trial, as the law requires, the majority shrinks from its duty and without authority or coherent explanation simply invokes the deus ex machina of ordering a new trial hearing. Conceding that Von Villas proved once that his *262 trial was unfair, the majority opinion now—three years later—requires him to prove it again.

How does the majority opinion reach this result? Only by fundamentally distorting appellate court function, by ignoring binding appellate authority, and by creating out of whole cloth a new rule irreconcilable with stare decisis. I explain.

The majority opinion concedes Von Villas proved juror misconduct.

The majority opinion concedes the parties agreed to a stipulation which the trial court accepted. (Maj. opn., ante, pp.…

Because of the unique procedural history of this case, it is appropriate to set forth at length the various twists and turns it followed. Janie Ogilvie, Robert Anthony Von Villas and Richard Herman Ford were named defendants in an indictment returned by the Los Angeles County Grand Jury on February 15, 1984. Each defendant was charged with conspiracy to commit murder (Pen. Code, § 182; all statutory references are to the Penal Code unless otherwise indicated) and murder (§ 187). Thomas Weed was the victim. The special circumstance of murder for financial gain (§ 190.2, subd. (a)(1)) was alleged.

Ms. Ogilvie, Von Villas and Ford requested a postindictment preliminary hearing on March 16, 1984, and on March 22, 1985, the preliminary hearing resulted in an information being filed against Von Villas and Ford as defendants. Ms. Ogilvie became a nondefendant coconspirator, and Joyce Reynolds and Julie Rabold were also named as nondefendant coconspirators.

On May 14, 1985, Von Villas and Ford challenged the information through a section 995 motion. Concomitantly, the prosecution filed a motion to consolidate the case with another prosecution pending against…