Appeal

  • On July 2, 2002, the San Francisco District Attorney's office filed an appeal of the judge's order granting Knoller a new trial.
  • On July 10, 2002, Knoller filed a challenge to the judge's jurisdiction to sentence her on the lesser charges, saying that jurisdiction over the entire case is now with the Court of Appeal.
  • On July 26, 2005, the California Supreme Court granted Knoller's petition for review of the Court of Appeal's decision. The state's highest court denied Noel's petition. The Court's order limited the issues in the case, as follows: " Appellant Marjorie Knoller's petition for review GRANTED. The issues to be briefed and argued are limited to the following: (1) Whether the mental state required for implied malice includes only conscious disregard for human life or is satisfied by an awareness that the act is likely to result in great bodily injury? (2) Whether the trial judge abused his discretion in granting the motion for new trial under Penal Code section 1181 (6)."
  • On April 13, 2006, Knoller filed her Reply Brief on the Merits. At this point, the case is fully briefed. The Supreme Court will begin the process of considering how to resolve the issues on appeal.
  • On March 6, 2007, the California Supreme Court heard arguments in the appeal.
  • On May 31, 2007, the California Supreme Court announced its decision, which reversed the Court of Appeal and sent the case back to the trial court. The trial court was directed to enter a new order based upon the high court's decision. The lower court could either grant the new trial motion again, or deny the motion.
  • On August 21, 2008, the trial court (Charlotte Woolard, Judge) denied Knoller's motion for a new trial, set the sentencing for September 22, 2008, and denied bail.

To see the California Supreme Court docket in a new window, click here.