RICHARD A. LEVY

LAWYER

Admitted to State Bar of California December 3, 1986 (State Bar no. 126824).

Certified specialist in appellate law (State Bar of California Board of Legal Specialization).

            *          *          *

J.D., University of Michigan Law School, 1986, magna cum laude. Order of the Coif. Associate Editor, Michigan Law Review.

M.B.A., University of Chicago Graduate School of Business, 1981, with honors.  Charles E. Merrill Fellow.

M.Sc. (Econ.), London School of Economics, 1980.

B.A., St. John’s College (Annapolis, Maryland), 1978.

            *          *          *

Appellate Law Advisory Commission of the State Bar of California Board of Legal Specialization:

     Chair, 2009-10.

     Vice Chair, 2008-09.

     Member (commissioner), 2005-08.

Board of Legal Specialization of the State Bar of California: Member, 2009-10.

Judge pro tem, Los Angeles County Superior Court (2000-10); Los Angeles Municipal Court (1993-2000).

            *          *          *

Solo practice, 1987-present, specializing in appeals.

Associate, Irell & Manella (Los Angeles), 1986-87.

Staff of Legislative Analyst’s Office and Senate Finance Committee (California Legislature), 1981-83.

            *          *          *

Publications:

Representing the Innocent Copyright Infringer After Seizure, New York State Bar Journal, November 1991, at 42.

How to Round up Third-Party Defendants in Trademark and Copyright Infringement Cases, The Practical Litigator, September 1991, at 53.

Defending Against Contempt for Violation of a Preliminary Injunction in State Court, 25 Beverly Hills Bar Assn. Journal 203 (1991).

Book Review, 83 Michigan Law Review 1033 (1985) (reviewing L. Shelley, Lawyers in Soviet Work Life). 

Preemption of Workers’ Compensation Retaliatory Discharge Laws, 12 Employee Relations Law Journal 630 (1987) (coauthor).

            *          *          *

Published reversals and defense affirmances:

United States v. Mendoza, 530 F.3d 758 (9th Cir. 2008) (reversing tax-fraud convictions and ordering dismissal of indictment because the Government violated defendant’s federal constitutional right to a speedy trial).

People v. Reyes, 14 Cal. 5th 981 (2023) (reversing denial of petition to dismiss murder conviction (Penal Code section 1172.6) because of insufficient evidence as to one theory and the trial court’s erroneous understanding of the elements as to another theory).

People v. Solis, 46 Cal. App. 5th 762 (2020) (reversing denial of petition to dismiss murder conviction under new Penal Code section 1172.6).

People v. Gonzales, 2 Cal. 5th 858 (2017) (reversing denial of motion to reduce felony to misdemeanor under Proposition 47).

People v. Perez, 240 Cal. App. 4th 1218 (2015) (striking one-strike life sentence because the People failed to comply with the statutory pleading requirements).

People v. Velasco-Palacios, 235 Cal. App. 4th 439 (2015) (affirming dismissal of all counts because of prosecutorial misconduct).

People v. Wilkins, 56 Cal. 4th 333 (2013) (reversing first-degree murder conviction with special circumstance because of instructional error).

People v. Roldan, 205 Cal. App. 4th 969 (2012) (reversing conviction for attempted murder because the People violated defendant’s federal constitutional right to confrontation).

People v. Vargas, 178 Cal. App. 4th 647 (2009) (reversing conviction for forcible sexual offense because the People violated defendant’s federal constitutional right to confrontation).

People v. Mejia, 155 Cal. App. 4th 86 (2007) (reversing convictions for continuous sexual abuse and for lewd conduct because of insufficient evidence).

People v. Jenkins, 140 Cal. App. 4th 805 (2006) (reversing three-strikes sentence because of insufficient evidence that defendant’s out-of-state prior convictions were qualifying crimes).

People v. Kunitz et al., 122 Cal. App. 4th 652 (2004) (striking the joint-and- several component of Lopez’s restitution fine).

   *          *          *

Murder reversals:

People v. Reyes, 14 Cal. 5th 981 (2023) (reversing denial of petition to dismiss murder conviction (Penal Code section 1172.6) because of insufficient evidence as to one theory and the trial court’s erroneous understanding of the elements as to another theory).

People v. Solis, 46 Cal. App. 5th 762 (2020) (reversing denial of petition to dismiss murder conviction under new Penal Code section 1172.6).

People v. Madrigal et al., 2018 WL 2710887 (unpub. opn. 2018, D073126) (Madrigal’s first-degree murder conviction with special circumstance and all other counts reversed because of evidentiary errors; gang allegations reversed because of insufficient evidence).

People v. Houston et al., 2018 WL 2214712 (unpub. opn. 2018, B267503) (Williams’s first-degree murder conviction reduced to second degree, subject to possible retrial on the degree, because of instructional error; both convictions conditionally reversed for a Proposition 57 juvenile transfer hearing).

People v. George et al., 2018 WL 2191559 (unpub. opn. 2018, C082626) (P. Moreno’s first-degree murder conviction with special circumstance reversed because of instructional error).

People v. Picasso, 2017 WL 4857013 (unpub. opn. 2017, F071094) (first-degree murder conviction reduced to second degree, subject to possible retrial on the degree, because of error during deliberations).

People v. Xiong, 2016 WL 3950717 (unpub. opn. 2016, F069721) (two first-degree murder convictions and premeditated attempted-murder conviction reduced to second-degree murder and simple attempted murder, subject to possible retrial on the degree/premeditation, because of evidentiary error).

People v. Dragna, 2016 WL 2868925 (unpub. opn. 2016, G049756) (first-degree murder conviction with special circumstance reversed because of admission of statement in violation of Sixth Amendment right to counsel).

People v. Abad et al., 2015 WL 3655151 (unpub. opn. 2015, D067449) (Solis’s first-degree murder conviction with special circumstances reversed because of instructional error).

People v. Wilkins, 56 Cal. 4th 333 (2013) (first-degree murder conviction with special circumstance reversed because of instructional error). 

People v. Reynolds et al., 2009 WL 2106107 (unpub. opn. 2009, G040063) (Nava’s first-degree murder conviction with special circumstances reversed because of jury-selection error).

People v. Barajas, 2007 WL 4564862 (unpub. opn. 2007, E039512) (two first-degree murder convictions with special circumstances reversed because of instructional error).

People v. Rodgers, 2006 WL 2513397 (unpub. opn. 2006, G035669) (second-degree murder conviction reversed because of evidentiary error).

People v. Jordan, 2006 WL 464251 (unpub. opn. 2006, B180506) (first-degree murder conviction with special circumstance conditionally reversed because of Pitchess discovery error).

People v. Robinson, 2001 WL 1480582 (unpub. opn. 2001, B147200) (first-degree murder conviction reversed because of evidentiary error).

People v. Rodriguez (unpub. opns. 1997 and 1999, B104864) (first-degree murder conviction reversed because of evidentiary error, reinstated by Supreme Court, and reversed again because of another evidentiary error (review denied by Supreme Court)). 

People v. Linares (unpub. opn. 1998, B118963) (first-degree murder conviction conditionally reversed for new hearing on motion for new trial (new trial was granted)).

    *          *          *

Back to www.richardalevy.com home page