Legal Opinion

People v. Mehserle

California Court of Appeal

Decided June 8, 2012No. A130654PublishedCited by 33 opinions

1Opinion of the Court

Opinion

MARCHIANO, P. J.

Defendant Johannes Mehserle served as a police officer for the Bay Area Rapid Transit District (BART). Shortly after 2:00 a.m. on January 1, 2009, while responding to a report of a fight on a BART train, he shot and killed BART passenger Oscar Grant during a tense confrontation. Defendant was attempting to arrest and handcuff Grant for misdemeanor obstructing a police officer (Pen. Code, § 148), while Grant was lying facedown on the BART platform. Defendant shot Grant, who was unarmed, in the back. Defendant contended he meant to pull his Taser and shock Grant to subdue…

2Cases cited51 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Estelle v. McGuireSupreme Court of the United States · 1991
  3. County of Sacramento v. LewisSupreme Court of the United States · 1998
  4. Baker v. McCollanSupreme Court of the United States · 1979
  5. People v. JohnsonCalifornia Supreme Court · 1980

46 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Lui v. City & County of San FranciscoCalifornia Court of Appeal · 2012
  2. People v. NicolasCalifornia Court of Appeal · 2017
  3. People v. Lewelling, California Court of Appeal, 5th District2017
  4. People v. Luo, California Court of Appeal, 5th District2017
  5. People v. Gonzalez, California Court of Appeal, 5th District2018

28 more not listed; retrieve them via the Exa API.

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