San Francisco Criminal Lawyer Blog

People v. Serrano (Cal. Ct. App., Oct. 29, 2024, No. C100856) 2024 WL 4611666, at *1

Summary: Serrano appealed from an order denying a stand-alone postjudgment motion for discovery related to potential violations of the California Racial Justice Act (Act). (Pen. Code,§ 745, subd. (d).) The issue is whether the trial court’s order is appealable. The trial court denied Serrano’s motion on the merits. The Court of Appeal addressed the threshold question of whether the trial court had jurisdiction to consider the motion in the first instance and concluded that it did and that the Act permits a defendant to file a stand-alone postjudgment discovery motion before filing a habeas corpus petition. This Court agreed with the holding of Division One of the Fourth Appellate District in In re Montgomery (2024) 104 Cal.App.5th 1062, 1071, petition for review pending, petition filed October 11, 2024, S287339 (Montgomery), that an order denying a postjudgment discovery motion under the Act is not appealable, while disagreeing with their conclusion that the trial court lacks authority to entertain the motion. The Act’s plain language permits discovery, and in doing so, it does not differentiate between preconviction and postconviction proceedings. The Act’s language contemplates that discovery has occurred before a defendant files a petition for writ of habeas corpus. The Supreme Court’s interpretation of section 1054.9 as allowing discovery prior to filing a habeas corpus petition and for review of a discovery order in mandate rather than by appeal supports this conclusion. (See In re Steele (2004) 32 Cal.4th 682, 688, (Steele).) Accordingly, the Court of Appeal dismissed the appeal.

FACTUAL AND PROCEDURAL BACKGROUND

Price v. Superior Court of Butte County (Cal. Ct. App., Oct. 23, 2024, No. C100920) 2024 WL 4553015, at *1–4

Summary: In 2006, Price was admitted to the State Department of State Hospitals as a sexually violent predator. In 2022, the superior court found that Price was suitable for conditional release. Later, before placing Price in the community, the superior court reconsidered its order granting Price’s petition for conditional release, held a new hearing, and found him unsuitable.

Price argues that the superior court erred in denying him the assistance of experts in defending his suitability at the contested hearing. Price also contends that the superior court erred in subsequently finding him unsuitable for conditional release, because the ruling was not supported by sufficient evidence. The court of Appeal found that the trial court erred in finding Price unsuitable for conditional release and issued a peremptory writ of mandate directing the trial court to vacate its order.

People v. Moseley (Cal. Ct. App., Oct. 8, 2024, No. G062697) 2024 WL 4440601

Summary: Mosley was convicted of voluntary manslaughter as lesser included offense of murder. Mosley appealed. The Court of Appeal held that trial court was statutorily required to consider Mosley’s service-related Post Traumatic Stress Disorder (PTSD) in determining eligibility for probation and in sentencing.

Service related PTSD as a factor in mitigation

THE PEOPLE, Plaintiff and Respondent, v. ROMEO DEONTE KNOWLES, Defendant and Appellant. (Cal. Ct. App., Sept. 16, 2024, No. B328439) 2024 WL 4403592 Continue reading

THE PEOPLE, Plaintiff and Respondent, v. PAUL HERSOM, Defendant and Appellant. (Cal. Ct. App., Sept. 26, 2024, No. A168129) 2024 WL 4313709, at *1

Summary:  Hersom was convicted by a jury in San Francisco Superior Courtof felony counts of vehicle burglary and being a felon in possession of tear gas and a misdemeanor count of receiving stolen property. Hersom, incarcerated in jail did not appear on the second day of jury selection. The bailiff informed the trial court he had received notice that Hersom refused to be transported, and the court found that Hersom’s absence was voluntary under Penal Code 1043.1. The court denied the parties’ request for a continuance and proceeded with jury selection. Hersom failed to appear the following day and the court continued all further substantive proceedings until he returned. Other than one day of jury selection, Hersom was present for the whole trial.

On appeal, Hersom claims that his constitutional right to be present at a critical stage of the trial was violated. Hersom claims that the trial court lacked sufficient evidence to find that he was voluntarily absent and abused its discretion by not granting the requested continuance.

In re TRAVIS LANELL MONTGOMERY on Habeas Corpus. (Cal. Ct. App., Sept. 6, 2024, No. D083970) 2024 WL 4099744, at *1

Summary: Montgomery appealed an order denying a motion for discovery he made in connection with a postjudgment petition for writ of habeas corpus that sought relief for alleged violations of the California Racial Justice Act of 2020 (RJA or Act). The Court concluded the order is not appealable and dismissed the appeal.

In 2008, a jury found Montgomery guilty of two counts of conspiracy to commit robbery and one count each of robbery, attempted robbery, and possession of a firearm by a felon; found true firearm and gang enhancement allegations; and found true Montgomery had two prior juvenile adjudications that constituted strikes under the “Three Strikes” law. The trial court sentenced Montgomery to prison for a term of 61 years to life that was later reduced to 26 years to life. (People v. Henderson (Oct. 5, 2010, D054493) [nonpub. opn.].)