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PEOPLE v. SOLOMON Part-II

PEOPLE v. SOLOMON Part-II
08:25:2010



PEOPLE v




PEOPLE v. SOLOMON





















Filed 7/15/10











IN THE SUPREME
COURT OF
CALIFORNIA







THE
PEOPLE, )

)

Plaintiff and
Respondent, )

) S029011

v. )

)


MORRIS
SOLOMON, JR., )

) Sacramento
County

Defendant and Appellant. ) Super.
Ct. No. 84641

__________________________________ )









Story continued from part I…..






II. DISCUSSION


A. Guilt Phase Issues


1. Sufficiency of the
evidence of premeditation and deliberation



The prosecution charged defendant with seven counts of
murder. The jury found defendant guilty
of six murders, four of them in the first degree. Defendant contends there is insufficient
evidence of premeditation and deliberation supporting the first degree murder
convictions.[1] To the contrary, the record in this case
contains substantial evidence from which a rational jury could find
premeditation and deliberation beyond a reasonable doubt.

Our task in deciding a challenge to the sufficiency of the
evidence is a well-established one.
â€




Description This is an appeal from an order denying the defendants' motion to compel arbitration. Applying the law to the undisputed facts and exercising our independent judgment, we reverse the trial court's ruling. As we explain below, the plaintiff cannot avoid arbitrating its claims against the signatory defendant, because those claims are within the reach of the arbitration clause. And the plaintiff cannot avoid arbitrating its claims against the nonsignatory defendant, because those claims are inextricably bound up with the obligations arising out of the agreement containing the arbitration clause.
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