January 11, 2013
On February 6, the court will hear the following cases in San Francisco (with the issue presented as stated on the court’s website):
People v. Gonzales: The court’s website does not list the issues for this case, but the Court of Appeal opinion reversed an order committing the defendant as a sexually violent predator because the appellate court found the trial court erred in releasing psychological records to the prosecution and admitting the testimony of a former therapist.
People v. McCullough: Did defendant forfeit his claim that he was unable to pay the $270.17 jail booking fee (Gov. Code, section 29550.2) imposed by the trial court at sentencing, because he failed to object at the time?
People v. Anzalone: (1) Did the trial court err by failing to obtain the jury’s oral assent to the verdicts, and if so, was the error structural and thus reversible per se, or subject to harmless error analysis? (2) If the latter, was the error prejudicial? (3) If the former, does double jeopardy bar retrial?