Oct 23, 2020

Jon Goldberg loses his appeal

In The People v. Goldberg Case, California 1st District Court of Appeal,Division 5, the judgement is affirmed.

Locals are familiar with the case. For those who are not, the opinion provides details, including why there was no prosecutorial or juror misconduct.

https://www.courts.ca.gov/opinions/nonpub/A155885.PDF

A jury found Jon Goldberg guilty of second-degree murder and found true an allegation that he used a  firearm in the commission of the crime. 

Goldberg filed a motion for new trial based on prosecutor and juror misconduct, which the trial court denied.  The court concluded that no prosecutorial misconduct occurred.  The court held a hearing on juror misconduct in which 10 jurors testified, and it determined that the presumption of prejudice arising from juror misconduct was rebutted. The court sentenced Goldberg to a term of 15 years to life and dismissed the firearm enhancement.  

Affirmed in the the court of appeals means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered. The case was prosecuted by Deputy District Attorneys Luke Bernthal and Trent Timm. Visiting Judge Graham Cribbs presided over the trial. Deputy Public Defender Casey Russo was Goldberg's attorney.

I have contacted a few people, including the DAs office for comment.

Previous post:

https://johnchiv.blogspot.com/2019/08/opening-brief-filed-in-jon-goldbergs.html?m=1




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