Diane Whipple

Footnotes

Following the hearing on March 6, 2007, Attorney Phillips wrote on this site: “The hearing lasted one hour, raised a great number of questions, and provided few answers. It appears clear that the court will reverse the trial judge, probably on the ground that he incorrectly applied the test for second degree murder. The court […]
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Further Information

The website of CourtTV has extensive materials on the Whipple case, including some video. Attorney Kenneth Phillips was a commentator on CourtTV during the Whipple trial. To download a copy of the California Supreme Court opinion, click here.
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Sharon Smith’s Wrongful Death Claim

On March 12, 2001, Sharon Smith, a woman who lived with Diane Whipple as her lover for 7 years, filed her own wrongful death lawsuit against the same defendants as Whipple’s mother. Under California law applicable at the time of this killing, only the mother had the right to bring a wrongful death action. Thus, […]
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Edyth Pamela Whipple-Kelly’s Wrongful Death Claim

Diane Whipple’s mother brought a wrongful death claim against Noel and Knoller, and also against Rudolph and Annette Koppl, building owners, and Marina Green Properties Inc., the property management firm for the 40-unit building on  Pacific Avenue in San Francisco.  A residential landlord in California is not liable for dog-related injuries unless it is proved […]
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The Trial Judge Defended His Decision

The trial judge, James Warren, defended his decision to toss out Knoller’s second-degree murder conviction. Prosecutor James Hammer and Sharon Smith were among the critics who said that Judge Warren had “stolen justice” from them by overturning the jury’s decision. The judge stated: “There was a statement made that this court has destroyed a sense […]
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Knoller’s Motion for a New Trial

The defendants’ motion for a new trial At the conclusion of the trial, the jury found the defendants guilty on all counts. The defendants moved for a new trial, on various grounds. The court denied the new trial motions for both defendants as to the lesser offenses of involuntary manslaughter and ownership of a mischievous […]
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Why the Jury Voted Guilty

Attorney Kenneth Phillips interviewed jury foreman Don Newton after the trial. Among other things, Newton told Phillips that the jury simply did not believe Knoller’s claims that she took the dog to the roof and tried to save Whipple. Newton said that the jury believed that Knoller got covered in blood when she grabbed her […]
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