In the Matter of W.E.M. (W.E.M. v State)

W.E.M. appealed the determination that he committed acts which constituted assault on a school employee. The panel vacated the conviction and entered a conviction for simple assault. It held the evidence was insufficient to support an inference that W.E.M. knew that he was shoulder checking was an assistant principal as he testified he did not see her, principal did not testify that he saw her and in fact sated she did not see another student who was right next to W.E.M. and the security camera tapes show a congested hallway undermining an inference that W.E.M. was aware who he checked. The panel also noted that the juvenile court appeared to rule that the knowledge element was met simply because W.E.M. had met the principal in the past which is not sufficient to prove know leg of identity at the time of the contact. It held simple assault was proved as W.E.M. had allowed himself to be pushed into other people and delivered shoulder checks including once a short time before he checked the principal and W.E.M. testified he knew this caused a significant risk of injury to others.

Choate v ARS-Fresno, LLC

Choate appealed the denial of motion of for a new trial in this slip and fall case. The panel affirmed. It held that Choate conceded in her brief that the jury could find her negligent and that allocation of fault is a jury question and that the conflicting testimony  about when and how ice melt was applied, whether or not the clerk on duty had time to apply ice melt, whether the clerk should have been aware of Choate’s injuries and whether a leaking roof was the source of the ice would have supported a verdict for either party and thus the jury verdict that Choate was 60% at fault was supported by the evidence.

State v Hernandez

Hernandez appealed his prison sentence arguing he should have received probation. The panel affirmed holding that the district court considered Hernandez’s remorse, family support and desire to do drug rehabilitation but permissibly found that his extensive criminal record, recent failed probation and drug rehab and the fact he placed several police officers at risk by ramming their cars and the public at risk by engaging in a high speed chase outweighed the mitigation factors.