In re Jeremiah S. (Cal. Ct. App., Oct. 18, 2019, No. A155856) 2019 WL 5302782, at *1–7 The robbery, detention, pat search and arrest arrest of Jeremiah S. On July 2, 2018, Ornin Gosuwin was carrying a shoulder bag and holding an iPhone as she walked on Spear Street toward…
Articles Posted in General Criminal Defense
A complaint dismissed for prosecutorial vindictiveness cannot be refiled
People v. Sanchez, 2019 WL 5304531 (Cal.App. 1 Dist.) (Cal.App. 1 Dist., 2019) Summary: Angel Sanchez (Sanchez) was charged by re-filed complaint with robbery, assault with a deadly weapon on a transit passenger, and receiving stolen property. The magistrate granted Sanchez’s motion to dismiss the complaint for prosecutorial vindictiveness, The…
Prosecution Must Justify a Delay in Charging a Defendant When Prejudice Has Been Shown
Dickerson v. Superior Court of Alameda Cty., 40 Cal. App. 5th Supp. 1, 252 Cal. Rptr. 3d 871, 874–82 (Cal. App. Dep’t Super. Ct. 2019) Petitioners contend that delays in charging each of them resulted in a deprivation of due process rights under the California Constitution. In both cases, the…
Parole Hearing Transcripts Are Not Part of Record of Conviction in SB 1437 Hearings
Felony Murder Rule Changed by SB 1437 Senate Bill No. 1437 revised the felony murder rule in California. Under the felony murder rule, someone who aided and abetted an underlying felony was strictly liable for murder if a co-participant killed someone during the commission of the felony (People v. Cavitt…
Paramount Duty of Prosecutors is to Provide a Fair Trial-Not Obtain Convictions
People v. Force, No. G055482, 2019 WL 4071849 (Cal. Ct. App. Aug. 29, 2019) Denial of Fair Trial Appellant Steven Force, a sexually violent predator receiving treatment at a state mental hospital for pedophilia and exhibitionism challenged the trial court’s order denying his petition to be placed in a…
Flight in a high crime area does not give police probable cause to detain
(People v. Flores (Aug. 12, 2019, No. G055861) ___Cal.App.5th___ [2019 Cal. App. LEXIS 740, at *1].) Gang Investigation Leads to Detention A team of Huntington Beach police officers investigating the “Looney Tunes Crew,” also known as the “LTK” street gang, saw the defendant in an area where they knew criminal…
What fear in the victim is necessary for an act to be a robbery and not a theft?
People v. Montalvo, 2019 WL 2537611 (Cal.App. 3 Dist.), 1 (Cal.App. 3 Dist., 2019) Did a man a woman posing as undercover police officers who took property from their victims commit a robbery? The California Court of Appeal examined this issue in a case where a defendant and a female…
Supreme Court overturns death sentence because of race based exclusion of Black jurors
Flowers v. Mississippi, Supreme Court of the United States, 2019 WL 25524892019 WL 2552489,June 21, 2019 Defendant, (Flowers) who is black, was indicted for the murder of four employees of a Mississippi furniture store, three of whom were white. Flowers was tried six separate times for the murders and was…
Can a Pardon by the Governor Prevent Deportation?
What is a a gubernatorial pardon? [Source: Immigration Legal Resource Center; UCLA School of Law Criminal Defense Clinic https://www.ilrc.org/sites/default/files/resources/gubernatorial_pardons_in_california_ilrc_cdc_2019.pdf In California, a pardon restores certain rights people lost a result of criminal conviction, for example the ability to obtain certain professional licenses. A pardon is formal recognition that an individual…
Right to privacy: Can police demand your cell-phone passcode
Police need a warrant to search a cellphone, but the issue of whether law enforcement can compel someone to divulge a passcode has not been resolved. According to Apple News the Indiana Supreme Court heard arguments on the issue and the state supreme courts in Pennsylvania and New Jersey may…