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Articles Posted in New Criminal Case Law

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Gun Violence Restraining Order (GVRO) statute complies with Second Amendment

Mountain View Police Department v. Krepchin (Cal. Ct. App., Nov. 4, 2024, No. H050872) 2024 WL 4664207 Summary:Police department filed application for emergency gun violence protective order against Krepchin , and after it was issued, applied for three-year gun violence restraining order (GVRO). The Superior Court, Santa Clara County, granted…

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Discovery is available prior to filing a petition under the Racial Justice Act

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…

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Due process violation in denying assistance of experts at contested suitability hearing for Sexually Violent Predator (SVP)

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…

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Peace Officer Records are discoverable in 1172.6 Evidentiary Hearing

People v. Nuno (Cal. Ct. App., Oct. 17, 2024, No. H051205) 2024 WL 4512214, at *1 Summary:  The issue in this appeal was whether Nuno, under Penal Code section 1172.6, may obtain discovery of material, exculpatory evidence in peace officer personnel records under Brady v. Maryland (1963) 373 U.S. 83…

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Trial court must consider service related PTSD in sentencing

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…

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Court did not abuse its discretion in sentencing to middle term

THE PEOPLE, Plaintiff and Respondent, v. ROMEO DEONTE KNOWLES, Defendant and Appellant. (Cal. Ct. App., Sept. 16, 2024, No. B328439) 2024 WL 4403592 Summary: On April 28, 2020, Knowles, 23 years old, was living at Midnight Mission, a shelter for homeless persons. Around midnight, a 53-year-old security guard, Bullock, was…

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Defendant’s voluntary absence from jury selection does not justify a continuance

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…

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EXPERT MAY TESTIFY THAT ALL DRIVERS ARE UNDER THE INFLUENCE AT .05%

People v. Turntine (Cal. App. Dep’t Super. Ct., June 24, 2024, No. CA296018) 2024 WL 4143869 Summary: The trial court did not abuse its discretion in declining to exclude expert testimony of toxicologist who testified that all individuals were impaired for purposes of driving at .05% BAC; Statement of the…

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Discovery under Racial Justice Act requires an ongoing court proceeding

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…

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