Unruh act real estate

Defendant challenged the judgment of the Superior Court of Los Angeles County (California), which convicted him of first degree murder, Cal. Penal Code § 187, lewd act on a child under the age of 14, Cal. Penal Code § 288(b), rape, Cal. Penal Code § 261(2), and kidnapping, Cal. Penal Code § 207. Defendant was sentenced to death after the jury found three special circumstance allegations to be true.

Defendant was convicted of murder, lewd act on a child under the age of 14, rape, and kidnapping. He was sentenced to death. On appeal, the court held that the trial court did not make defendant's right to self-representation a mere formality. Defendant personally and actively participated in his own defense, including the examination of witnesses, the decision to hire certain law clerks, the preparation of the jury questionnaire, examination of certain prospective jurors during voir dire, making the opening statement at trial, and submitting numerous pro se motions. The trial court allowed defendant to call his appointed co-counsel at every stage of the proceedings to use him as he saw fit. The trial court was not indifferent to conditions of defendant's confinement during trial, and it held hearings and at times intervened to ensure that conditions were such that Unruh act real estate was able to do the work required to represent himself. A statement that defendant made to police that he had driven a turquoise car, which a witness had seen the victim thrown from, was not made while in custody. It was made during an investigation regarding a lead that did not focus suspicion on defendant.

The court affirmed defendant's conviction of first degree murder, lewd act on a child under the age of 14, rape, and kidnapping. The trial court did not interfere with defendant's right to represent himself. Further, statements that defendant made to the police before he was Mirandized were made before he was in custody; therefore they were properly used against him.

Defendant Alcoholic Beverage Control Appeals Board sought review of an order from the Superior Court of Los Angeles County (California), which directed that a writ of mandate issue commanding the appeals board to vacate its decision and reinstate the suspension order against the holder of a liquor license from plaintiff Department of Alcoholic Beverage Control.

The Department of Alcoholic Beverage Control accused defendant, the holder of a general on sale liquor license, of permitting a bookmaking violation at the licensed premises. The appeal was from a judgment of the superior court directing that a writ of mandate issue commanding the appeals board to vacate its decision and reinstate the suspension order of the Department of Alcoholic Beverage Control. On appeal, the court affirmed the judgment directing that the appeals board vacate its decision and reinstate the 15-day suspension. The fact that the manager was away on business at the time the offense was committed was irrelevant in view of the obligation which the constitution placed upon the licensee to assure the operation of his business in a manner not contrary to public welfare and morals. It was also not significant that the employee was acting outside the scope of his authority as bartender when he took the bet. It was sufficient that he acted while transacting his employer's business upon the licensed premises.

The order of the lower court was affirmed.

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