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Articles Posted in New Criminal Case Law

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Equal protection not violated by three year parole term for lifers released on parole after 2020

Summary: Annette Gaylene Batten served a life term for murder and was released on lifetime parole in 2017. In 2023, she committed two parole violations. Penal Code section 3000.08, subdivision (h) required the court to remand her to the custody of the California Department of Corrections and Rehabilitation (CDCR). Batten…

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Cutting the gate hasp and lock on a truck constitutes entry into the locked vehicle.

People v. Gray (Cal. Ct. App., Mar. 12, 2025, No. C099048) 2025 WL 783249, at *1 Facts: A jury found Gray guilty of second degree burglary of a vehicle, attempted second degree burglary of a vehicle, conspiracy to commit theft, vandalism, and possession of burglar’s tools. The trial court sentenced…

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Defendant seeking dismissal for a speedy trial violation under the state constitution must affirmatively demonstrate prejudice

People v. Martinez (Cal. Ct. App., Feb. 7, 2025, No. E082657) 2025 WL 429628 Summary: Martinez was charged with grand theft, acting as  contractor without a license, requiring a downpayment in excess of $1,000, and unlawfully receiving payments in excess of the work performed, filed motion to dismiss based on…

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Due Process Clause forbids the introduction of evidence so unduly prejudicial as to render a criminal trial fundamentally unfair

Andrew v. White (U.S., Jan. 21, 2025, No. 23-6573) 2025 WL 247502 Summary: Supreme Court’s decision in Payne v. Tennessee, 111 S.Ct. 2597, that Due Process Clause can in certain cases protect against introduction of unduly prejudicial evidence at criminal trials, was a “holding,” for purposes of federal habeas review…

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Trial court abused its discretion in not renewing Domestic Violence Restraining Order

Navarro v. Cervera (Cal. Ct. App., Jan. 22, 2025, No. A169830) 2025 WL 262412, at *1 Summary: Navarro appeals from an order denying her request to renew her domestic violence restraining order (DVRO) against Cervera. Navarro asserts the trial court abused its discretion in concluding her fear of future abuse…

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Racial Justice Act claim must be preserved in trial court to be appealed

People v. Corbi (2024) 106 Cal.App.5th 25, 35 [327 Cal.Rptr.3d 284, 289], as modified on denial of reh’g (Nov. 20, 2024), review filed (Dec. 4, 2024) Summary: Corbi was convicted in the Superior Court, San Diego County, of second degree murder with a firearm enhancement. Corbi appealed. The Court of…

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Dana Stubblefield’s conviction reversed because of Violation of Racial Justice Act

People v. Stubblefield (Cal. Ct. App., Dec. 26, 2024, No. H048598) 2024 WL 5231745, at *1–2 Summary: A jury found Stubblefield guilty of forcible rape, forcible oral copulation, and false imprisonment of Jane Doe, an intellectually disabled woman. The jury found he personally used a firearm in the commission of…

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