California v. Hem

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Defendant Andy Hem fatally shot his brother, victim Sokorng “Sok” Hem in 2014. The State argued the shooting was first degree murder; defendant claimed self-defense. The jury found defendant guilty of voluntary manslaughter and discharging a firearm in a grossly negligent manner, finding he personally used a firearm. Defendant was sentenced to prison for 16 years. On appeal defendant contended the prosecutor misstated the law in closing argument, the court improperly excluded evidence, the court failed to conduct an adequate (or any) inquiry into a claim of jury misconduct, and he was entitled to a sentencing remand under Senate Bill No. 620 (2017-2018 Reg. Sess.), effective January 1, 2018, which gave trial courts new discretion to strike certain enhancements. The Court of Appeal determined the trial court did not adequately address jury misconduct, which as a matter of law, raised a presumption of prejudice. "The jury deliberations were difficult, as reflected by pointed written questions submitted by the jury, a reported deadlock, and what seems to have been a compromise verdict. In these circumstances, we cannot find that the presumption of prejudice was dispelled by the record and we must reverse the judgment." View "California v. Hem" on Justia Law