Marjorie Knoller may be going back to prison.
California’s 1st District Court of Appeal on Thursday ordered a superior court judge to reconsider his dismissal of Knoller’s second-degree murder conviction arising from the 2001 dog mauling of Diane Whipple. Knoller was convicted of manslaughter and spent about three years in prison. A jury also had convicted Knoller of second-degree murder, but San Francisco Superior Court Judge James Warren threw out that conviction, saying the standard of malice for murder had not been met.
But the appeal court ruled that Warren had applied too stringent a standard of malice. “Knowledge that a person is going to die or that the act has a high probability of death is not the proper subjective standard,” Justice James Lambden wrote for a 2-1 panel.
The court sent the case back to Warren for a new hearing. It further ruled that Warren had abused his discretion in crediting Knoller’s testimony that she never thought her dogs could kill.
Dissenting Justice Paul Haerle wrote that all the convictions should have been overturned because Warren had silenced defense lawyer Nedra Ruiz during closing argument, rendering her ineffective.
Details here from The Recorder via Law.com, or read the court’s 144-page opinion here.
Marjorie Knoller may be going back to prison.
California’s 1st District Court of Appeal on Thursday ordered a superior court judge to reconsider his dismissal of Knoller’s second-degree murder conviction arising from the 2001 dog mauling of Diane Whipple. Knoller was convicted of manslaughter and spent about three years in prison. A jury also had convicted Knoller of second-degree murder, but San Francisco Superior Court Judge James Warren threw out that conviction, saying the standard of malice for murder had not been met.
But the appeal court ruled that Warren had applied too stringent a standard of malice. “Knowledge that a person is going to die or that the act has a high probability of death is not the proper subjective standard,” Justice James Lambden wrote for a 2-1 panel.
The court sent the case back to Warren for a new hearing. It further ruled that Warren had abused his discretion in crediting Knoller’s testimony that she never thought her dogs could kill.
Dissenting Justice Paul Haerle wrote that all the convictions should have been overturned because Warren had silenced defense lawyer Nedra Ruiz during closing argument, rendering her ineffective.
Details here from The Recorder via Law.com, or read the court’s 144-page opinion here.
Marjorie Knoller may be going back to prison.
California’s 1st District Court of Appeal on Thursday ordered a superior court judge to reconsider his dismissal of Knoller’s second-degree murder conviction arising from the 2001 dog mauling of Diane Whipple. Knoller was convicted of manslaughter and spent about three years in prison. A jury also had convicted Knoller of second-degree murder, but San Francisco Superior Court Judge James Warren threw out that conviction, saying the standard of malice for murder had not been met.
But the appeal court ruled that Warren had applied too stringent a standard of malice. “Knowledge that a person is going to die or that the act has a high probability of death is not the proper subjective standard,” Justice James Lambden wrote for a 2-1 panel.
The court sent the case back to Warren for a new hearing. It further ruled that Warren had abused his discretion in crediting Knoller’s testimony that she never thought her dogs could kill.
Dissenting Justice Paul Haerle wrote that all the convictions should have been overturned because Warren had silenced defense lawyer Nedra Ruiz during closing argument, rendering her ineffective.
Details here from The Recorder via Law.com, or read the court’s 144-page opinion here.
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