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Bench Warrant Can Issue Even Without Showing Defendant Had Notice

Valderas v. Superior Court of San Diego County (Cal. Ct. App., Nov. 30, 2021, No. D078735) 2021 WL 5575569, at *1 Summary: Valderas, facing several felony charges, did not appear at a status conference/trial call on October 20, 2020. It was the second consecutive court appearance that Valderas missed. The…

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Recall of sentence recommendation creates a substantial liberty interest with right to notice and to present information to the court

THE PEOPLE, Plaintiff and Respondent, v. JOSE ALEX MENDEZ, Defendant and Appellant. (Cal. Ct. App., Sept. 24, 2021, No. B306301) 2021 WL 4350480 Summary: Jose Alex Mendez appealed  the denial of a recommendation by the secretary of the California Department of Corrections and Rehabilitation (CDCR) to recall his sentence under…

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Constitutional challenge to parking tickets in SanFrancisco

Based on: San Francisco Chronicle, “A woman is suing S.F. for $50 million over a parking ticket, saying tire chalk is unconstitutional,” Rachel Swan, Sep. 11, 2021 https://www.sfchronicle.com/bayarea/article/A-woman-is-suing-S-F-for-50-million-over-a-16450146.php ALISON PATRICIA TAYLOR, Plaintiff-Appellant/Cross-Appellee, v. CITY OF SAGINAW, MICHIGAN; TABITHA HOSKINS, Defendants-Appellees/Cross-Appellants. (6th Cir., Aug. 25, 2021, No. 20-1538) 2021 WL 3745345…

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US Supreme Court: Non Permanent Residents Must Show They Were Not Convicted Of A Crime Of Moral Turpitude in Immigration Removal Proceedings

Pereida v. Wilkinson (U.S., Mar. 4, 2021, No. 19-438) 2021 WL 816351, at *1–2 Summary:Immigration officials initiated removal proceedings against Clemente Avelino Pereida for entering and remaining in the country unlawfully. Mr. Pereida sought  to establish his eligibility for cancellation of removal under the Immigration and Nationality Act (INA). 8…

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San Quentin Prison acted with deliberate indifference, failing to protect inmates from COVID-19

In re Von Staich (Cal. Ct. App., Oct. 20, 2020, No. A160122) 2020 WL 6144780, at *1–2 Petition claiming San Quentin does not adequately protect against COVID-19 infection  Ivan Von Staich, incarcerated at San Quentin State Prison,serving a sentence of 17 years to life for a second degree  murder consecutive…

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Veterans with military related trauma  eligible for resentencing if sentenced before January 1,2015

People v. Valliant (Cal. Ct. App., Oct. 14, 2020, No. G058568) 2020 WL 6054332, at *1–6 Summary: Valliant petitioned pursuant to Penal Code section 1170.91, subdivision (b),1  which authorizes  recall of sentencing for military veterans who suffer from military-related trauma and substance abuse, who did not have those factors considered…

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Liberty interest in recommendation for re-sentencing under PC 1170(d) gives right to present information to court

People v. McCallum (Cal. Ct. App., Sept. 30, 2020, No. B301267) 2020 WL 5810212, at *1 Resentencing under Penal Code 1170(d)(1) Penal Code section 1170, subdivision (d)(1) authorizes the trial court to modify a defendant’s sentence upon a recommendation from the Secretary of the Department of Corrections and Rehabilitation (Department),…

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Confrontation clause requires that the scientist who performed a drug analysis testify

People v. Ogaz, 2020 WL 4581253  (Cal.App. 4 Dist., 2020) 07/14/2020; Modified 08/10/2020 Summary: Ignacio Ogaz appealed his conviction for and argued that his Sixth Amendment right to confront adverse witnesses was violated by the admission of drug testing evidence. The Court of Appeal held that the confrontation clause requires…

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Enhancements for drug priors must be stricken if not final on appeal: For plea bargains-a new deal must be reached

People v. Barton (Cal. Ct. App., Aug. 4, 2020, No. F076599) 2020 WL 4462790 Facts: Barton pleaded guilty to furnishing methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and maintaining a place for the sale of a controlled substance (id., § 11366). Barton admitted to having twice been convicted of…

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