Legal Opinion

People v. Mitchell

California Court of Appeal

Decided July 18, 2003No. B151026PublishedCited by 6 opinions

[CERTIFIED FOR PARTIAL PUBLICATION*]

1Opinion of the Court

Opinion

MALLANO, J.

Jeffrey Mitchell and Robert Rogers appeal from judgments entered following a joint trial in which they were convicted of first degree murder and found to have personally used firearms. It was further found that the crime was committed for the benefit of a street gang. In the published portion of this opinion, we conclude that the trial court erred in permitting evidence that Mitchell had been identified in a canine scent identification lineup without first holding a hearing under People v. Kelly (1976) 17 Cal.3d 24 [130 Cal.Rptr. 144, 549 P.2d 1240]. Nevertheless, we hold…

2Cases cited22 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. People v. WatsonCalifornia Supreme Court · 1956
  3. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  4. People v. KellyCalifornia Supreme Court · 1976
  5. People v. McDonaldCalifornia Supreme Court · 1984

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3Cited by6 opinions

  1. People v. JacksonCalifornia Supreme Court · 2016
  2. People v. PetersonCalifornia Supreme Court · 2020
  3. Gilbert Aguilar v. Jeanne WoodfordCourt of Appeals for the Ninth Circuit · 2013
  4. People v. WillisCalifornia Court of Appeal · 2004
  5. Curtis Robinson, Jr. v. State, Texas Court of Appeals, 9th District (Beaumont)2006

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