Superior Court Judge Kevin G. DeNoce

Kevin DeNoce has been appointed Superior Court Judge by the Governor and is no longer practicing law.  For any questions concerning a case for which attorney DeNoce was retained, please send an email to:  kdenoce@yahoo.com

AWARDS AND HONORS

1.)  America’s Registry of Outstanding Individuals, 2003

2.)  Ventura County Criminal Defense Bar Association Joyce Yoshioka Award, 2002.  In Recognition of Outstanding Contribution To The Criminal Justice System.

3.)  United States Congressional award from Congresswoman Lois Capps entitled "Certificate of Special Recognition" for my success in the  Efren Cruz case.  This certificate is dated November 29, 2001 and states that it is "In Recognition For Invaluable Service To The Community."

4.)  California State Assembly award from Representative Hannahbeth Jackson for my success in the Efren Cruz case.  This award is dated November 29, 2001, and is entitled "Certificate of Appreciation For Being Selected by the Santa Barbara Independent as a Local Hero."

5.)  Award from the Santa Barbara Independent News paper for being a local hero in 2001. 

6.)  President of the Ventura County Deputy District Attorney’s Association in 1995

7.)  President of The Criminal Justice Attorney’s Association of Ventura County, 1995-1996

8.)  Speaker at Governor Pete Wilson’s 1994 Crime Summit

9.)  Outstanding Prosecutor of the Year Award in 1988 from the Ventura County District Attorney’s Office.

10.)  Outstanding Prosecutor of the Year Award in 1989 from Mother’s Against Drunk Driving.

11.)  Former Member of the California District Attorney’s Association Appellate and Legislative Committees.

12.)  Sworn in as Ventura County Deputy District Attorney in 1987.  Promoted to Senior Ventura County Deputy District Attorney, 1993.
 

CURRENT POSITION

California Superior Court Judge, County of Ventura.

APPELLATE EXPERIENCE

While practicing law as an attorney, I briefed and successfully argued cases before the California Supreme Court and Court of Appeal.  My appellate cases have included personal injury, misdemeanor, felony, DUI, and drug offenses.  As the head of the Appellate Division for the Ventura County District Attorney’s office from 1992 through 1996, I personally handled more than 50 appellate cases and more than 100 writs of habeas corpus, prohibition and mandamus.  Some of these cases are described in detail in the "Significant Cases" section. 

EMPLOYMENT HISTORY

California Superior Court Judge, County of Ventura.  Ventura County Court Commissioner in year 2007.  Private practice from 1996 to 2007, handling criminal and civil cases.  From 1987 through August 1996, I was employed as a prosecuting attorney with the Ventura County District Attorney’s Office. From 1992 through 1996, I was the supervising attorney for the Appellate Division.  In this capacity I regularly handled cases before the Court of Appeal and California Supreme Court.  In 1994, I was promoted to the position of Senior Deputy District Attorney. I served as the President of an attorneys’ Union and acted as its chief negotiator from 1995-1996.  Prior to my employment with the Ventura County District Attorney’s Office, I was the head law clerk for the United States Attorney’s Office and Department of Justice Organized Crime and Racketeering Strike Force in Las Vegas, Nevada.

EDUCATION

Juris Doctor from Pepperdine University School of Law, Malibu, California

Bachelors of Arts from the University of Colorado at Boulder

SIGNIFICANT CASES
While practicing law as an attorney, I handled the following significant cases:

In re Efren Cruz, (B154156), a writ of habeas corpus where my client’s conviction for murder was overturned after proving that another person was responsible for the crime.  The defendant had been convicted of murder and after serving four years in prison, attorney Phil Dunn and I filed a petition for writ of habeas corpus alleging that the wrong person had been convicted.  This was a Pro Bono case.  After a four month long evidentiary hearing, the original trial judge concluded that the wrong man had been convicted and ordered our client released from prison.  I was given Congressional awards and voted a "Local Hero" by the Santa Barbara Independent News paper as a result of this case.

People v. Carbajal (1995) 10 Cal.4th 1114 is a published case I successfully argued before the California Supreme Court on June 8, 1995.  At issue in this case was whether the victim of a hit and run offense was entitled to receive restitution from the offender for damages caused to the victim’s vehicle.  I appealed this case to the California Supreme Court and argued that the standard for determining when a victim of a crime is entitled to receive restitution should be broadened to include all damages reasonably related to the crime.  The Supreme Court agreed and changed the standard for determining when a crime victim is entitled to receive restitution in California.  Based on the Carbajal decision, a victim is entitled to restitution for damages reasonably related to a crime.

People v. Bury (1996) 41 Cal.App.4th 1194, rev. denied, is a published case I briefed and successfully argued before the Court of Appeal as Amicus Curiae.  This is the first case in the State of California and in the Nation which holds that the breath test results of an Alco-Sensor are admissible as evidence of a defendant’s blood alcohol level.  The Alco-Sensor is a portable hand held breath testing device that was first introduced to California through a program in Ventura County.  While employed as a prosecutor in the Ventura DA's Office, I helped establish the admissibility of the results of this device and obtained the first published case, People v. Bury, which allowed the Alco-Sensor to be used state wide.  I also assisted in the drafting of legislation regarding the use of preliminary breath tests such as the Alco-Sensor.   

Buckley v. Fitzsimmons (1993) 125 L.Ed.2d 209 is a seminal case decided by the United States Supreme Court establishing the standard of liability for prosecutorial misconduct. On behalf of the California District Attorney’s Association, I prepared an Amicus Curiae Brief which was submitted to the United States Supreme Court.

People v. David Wayne Sconce, case No. CR-27086 (April 1991) was a homicide prosecution alleging that the defendant had poisoned a rival business competitor with Oleander.  This case received national notoriety which resulted in three published books, the most notable being A Family Business by Ken Englade.  I was assigned as co-counsel to this case after charges were filed against the defendant.  Based on my dissatisfaction with the original toxicology tests indicating that the victim had been poisoned with Oleander, I retained a Cornell University expert to perform additional testing and analysis. The additional testing and analysis I requested did not reveal the presence of Oleander in the victim, and thus the homicide charges were dismissed on the People’s own motion. I represented the People in this case.

People v. Jose Casteneda, case No. CR-25505 (April 1990) was a case involving a serial armed robber who had been falsely imprisoning his victims. The defendant wore a mask during the robberies and was connected to the crime scene by bullet casings found at the scene as well as his home. The case was entirely circumstantial and largely based upon ballistic evidence. The jury convicted the defendant of all counts of armed robbery and false imprisonment. I represented the People in this case.

People v. Edward A. Throop, case No. CR-27969 (May 1992) was a case involving the prosecution of a minor (age 17) for multiple counts of murder committed during a drive-by shooting which took place at a baptism service. This was the first case in the State of California to apply Proposition 115's life without parole penalty to a juvenile offender. I was assigned to this case as co-counsel to litigate the application of the life without parole law which had just been adopted by the voters. Both my co-counsel and I were successful in convincing the trial court to uphold the application of the newly enacted life without parole penalty.

People v. Bonnie Mae Fitzmorris, case No. CR-24984 (September 1989) was a case involving the prosecution of a defendant for multiple counts of forgery and theft of over $100,000.00. The victim in this case was an 89 year old woman who had been befriended by the defendant. The jury convicted the defendant on all counts, and she was sent to State Prison.  A separate jury trial was conducted regarding the defendant’s prior convictions, which the jury found to be true.